§ 75-7-516. Counterclaims.

Latest version.

(1)

In allowing a claim, the trustee may deduct any counterclaim which the deceased settlor's estate has against the claimant. In determining a claim against a deceased settlor's 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.

(2)	A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based.

(3)	A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.

Renumbered and Amended by Chapter 89, 2004 General Session

                    
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