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Simple English definitions for legal terms

recoupment

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A quick definition of recoupment:

Recoupment: Recoupment means getting back money that was paid out wrongly. It can also mean a way for someone being sued to reduce the amount they owe by arguing that the person suing them owes them money too. This is called a recoupment defense. It's not a separate claim, but a way to make things fair. For example, if someone sues you for not paying rent, but you didn't pay because they didn't fix something in the apartment, you can use recoupment to argue that they owe you money for not fixing it. The court will decide if this is fair or not.

A more thorough explanation:

Recoupment is a legal term that refers to the recovery or collection of money that was previously paid out improperly. It can also be used as a defense by a defendant to reduce a plaintiff's claim by an amount the defendant argues that the plaintiff owes the defendant arising from the same transaction.

For example, if a person sues another person for breach of contract, the defendant may argue that they are entitled to recoupment because the plaintiff also breached the contract in some way. This would allow the defendant to reduce the amount of damages they owe to the plaintiff.

Recoupment is different from a setoff because it is not an independent claim, but rather an equitable remedy. The purpose of recoupment is to ensure a fair and just result by allowing the court to consider the entire transaction in context.

One example of recoupment is in the case of F.D.I.C. v. Kooyomjia. In this case, the defendant raised a recoupment defense for an action to enforce a promissory note and foreclose on a mortgage. The defendant argued that the initial contracts were breached and that the plaintiff fraudulently induced them into signing them. The court emphasized that a recoupment defense must arise from the same transaction as the plaintiff’s original claim and denied plaintiff’s arguments that the contracts were unrelated because of an exception for certain foreclosed loans.

Another example of recoupment is in the case of RPM Plumbing Mechanical v. Plunkett. In this case, the Missouri Court of Appeals pointed out that recoupment is a “purely defensive matter going only to the reduction or satisfaction of the plaintiff’s claim.” This means that recoupment can only be used to reduce the amount of damages owed to the plaintiff, not to seek damages from the plaintiff.

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19:06
Someone told me a while ago that I was probably molested as a kid because I don’t really have any clear memories of my childhood. But I don’t think I was.
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19:10
Inside thoughts!
19:10
this is where I post my inside thoughts
19:11
Nah, the fucked up thing about therapists is they try and make you think your parents are your enemy 99% of the time and really they should be telling you that your parents have almost no effect on the rest of your life. If they can get you to keep focusing on your parents they can keep making money.
19:12
Yeah, my life really does flow in about 5 years periods.
19:12
My crypto also flows in 5 day epochs too.
19:16
what do you do with your days as an unemployed crypto guy? do you play an instrument or something
19:47
please lawd
19:47
forgive me
19:47
its time to go back to tha old me
19:50
this is what i feel like when i get one single drill question right
19:50
when u get one wrong ;(
therapist slander detected
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20:37
Anyone got any polymarket locks
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20:37
Is anyone in here cool like fr cool
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20:37
Like watch college football cool
1a2b3c4d26z
20:37
Or like
1a2b3c4d26z
20:38
Frat
1a2b3c4d26z
20:39
Sorry guys I'm bored trying to get my Berkeley essay to 4 pages
20:40
no way they want four pages that’s crazy
20:41
bitches wanna be different sooo bad 😴
1a2b3c4d26z
20:42
Technically they want 3 to be completely fair to the powers that be, so I'm really trying to push out to 3
1a2b3c4d26z
20:42
But it's 1/2 inch margins
20:44
assuming it was 2 already, you’ve totally got 3 double spaced pages in you
20:45
should I watch the quirky umich dean videos? i feel like all of you have seen them except me but I can’t work up any enthusiasm for the idea
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20:54
I like Dean Z not sure why she gets slandered sometimes
1a2b3c4d26z
20:54
I would say yeah, they're helpful. But they can verge on unproductive and stress-inducing if you watch enough of them (especially the application read-through ones)
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