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O.C.G.A. § 9-13-76 — Execution by defendant after setoff | Georgia Code
O.C.G.A. § 9-13-76 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 13. Executions and Judicial Sales, 9-13-1 through 9-13-178.

ARTICLE 4 SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION

9-13-76. Execution by defendant after setoff.

In all cases of mutual debts and setoffs where the jury finds a balance for the defendant, the defendant may enter judgment for the amount and take out execution in the manner as plaintiffs may do by this Code, provided that the defendant at the time of filing his answer files therewith a true copy or copies of the subject matter of such setoffs.

(Laws 1799, Cobb's 1851 Digest, p. 487; Code 1863, § 3398; Code 1868, § 3417; Code 1873, § 3469; Code 1882, § 3469; Civil Code 1895, § 5088; Civil Code 1910, § 5672; Code 1933, § 39-606.)

JUDICIAL DECISIONS

Jury may find balance for defendant when defendant's damages proven larger.

- If the damages sustained by the defendant are proven larger than those shown to have been sustained by the plaintiff, the jury is authorized to find such balance for the defendant. Seagraves v. Nunnelly, 99 Ga. App. 420, 108 S.E.2d 737 (1959).

Requisites to sustaining action on judgment.

- To sustain an action on a judgment, the plaintiff must show the defendant to have become bound by a personal judgment for the unconditional payment of a definite sum of money. Lyons Mfg. Co. v. Wembley Indus., Inc., 253 Ga. 39, 315 S.E.2d 906 (1984).

Cited in Davis v. Crane Co., 62 Ga. App. 334, 7 S.E.2d 783 (1940).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 279.

ALR.

- Husband's right to set off wife's debt against alimony or child support payments, 100 A.L.R.2d 925.

Spouse's right to set off debt owed by other spouse against accrued spousal or child support payments, 11 A.L.R.5th 259.

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This Georgia Code resource is curated by a Florida and Georgia attorney, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.