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LSDefine

Simple English definitions for legal terms

recoupment

Read a random definition: federal citizen

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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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
BulbasaurNoLikeCardio
7:51
@texaslawhopefully: best prices and only fast food that doesn't make me sick
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