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LSDefine

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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jackfrost11770
13:56
I don't think so
jackfrost11770
13:56
I got a UR when I emailed themc
jackfrost11770
13:56
But it would be nice to have something at least
lilypadfrog
13:56
like whether the date changes. is that actually indicative of something. I feel like people have said they got in without a second date change
jackfrost11770
13:56
I just cannot believe I thought I would have more or less of an idea where I'd be going to law school by end of January
13:56
went complete at penn a month ago with still no UR
jackfrost11770
13:56
How was that too ambitious of a thought
jackfrost11770
13:57
March at the very least atp
13:57
@llama: thank you!!! 44 apps thats crazy dude
Trismegistus
13:57
jack me too buddy
lilypadfrog
13:57
@info-man: I applied like a week before you and just went UR a couple days ago you’ll get there in a minute
13:57
I'm actually never gonna hear from BU
13:57
definitely not ambitious at all. this cycle's turning out to be as slow as the last one probably due to high app volume
13:57
@lilypadfrog: okay cool good to know
13:58
i really think they should push back seat deposits to june
13:58
its unfair
jackfrost11770
13:58
Recent boo I applied to BU in Oct
13:59
I've been complete since mid Sept:(
13:59
If I knew I would still be waiting in January I probably wouldn't have applied so early
jackfrost11770
14:00
Me neither
jackfrost11770
14:00
Someone applied to nyu in December and got today
jackfrost11770
14:00
I mgoikg to lose my fucking mind
14:01
re seat deposit: does any1 know if u can request to delay 1st seat deposit? some school are really early it seems
[] starfishies
14:02
if they delayed decisions we should be able to delay deposits... but we do not live a perfect world so i doubt it
lilypadfrog
14:03
yeah you can request an extension. usually it’s like a week though
14:03
i need tips for not falling asleep at work
drugs
14:03
can we talk about something interesting like i dont know drugs sex death
ReminiscentZestyFish
14:04
Everyone admitted to penn looks like above medians
14:04
time to harass glove on linkedin
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