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Legal Definitions - Setoff

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Definition of Setoff

Definition: Setoff is a legal right that allows a person who owes money to subtract from the debt any money owed in the other direction. It can also refer to a defendant's monetary demand against the plaintiff for some injury unrelated to the plaintiff's claim.

Example 1: John owes $500 to Jane for a loan she gave him. However, Jane also owes John $200 for some work he did for her. In this case, John can use the setoff right to subtract the $200 from the $500 he owes Jane, and he only needs to pay her $300.

Example 2: In a lawsuit, the plaintiff is seeking $10,000 in damages from the defendant for a car accident. However, the defendant claims that the plaintiff owes him $5,000 for some repairs he did on the plaintiff's car before the accident. The defendant can use the setoff right to demand that the plaintiff pays him the $5,000 before any damages are awarded.

These examples illustrate how setoff works in different situations. It allows for a fair and balanced resolution of debts and claims between parties.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Simple Definition

Setoff: Setoff is when someone who owes money can subtract any money owed to them from the debt they owe. It can also refer to a defendant's request for money from the plaintiff for a different reason than the plaintiff's claim.

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