Wilson County, TN Circuit Court
Wilson County, TN Circuit Court

Recoupment

Recoupment

1   the process or fact of recouping – recoupment of expenses
2  a a keeping back of all or part of a sum sought by a plaintiff in the interest of equity — see also equitable recoupment
    b a reduction in damages because of a demand by the defendant arising out of the same occurrence or transaction
    c the right of a defendant to have the claim of the plaintiff reduced or eliminated by reason of a breach of contract or duty        by the plaintiff in the same occurrence or transaction; also an affirmative defense alleging such a breach

    d a counterclaim that arises out of the same occurrence or transaction as that of the original action — compare set-off

NOTE: Recoupment involves the type of claim that now must be asserted in a compulsory counterclaim.
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