Section 13.16.500. Counterclaims.

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In allowing a claim the personal representative may deduct any counterclaim that the estate has against the claimant.  In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess.  A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.

Notes

History

(Sec. 1 ch 78 SLA 1972)

                    
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