O.C.G.A. § 9-13-76 (2019)
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.)
Annotations
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 ALR2d 925.
Spouse’s right to set off debt owed by other spouse against accrued spousal or child support payments, 11 ALR5th 259.