Recoupment


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Recoupment

To recover a loss by a subsequent gain. In Pleading, to set forth a claim against the plaintiff when an action is brought against one as a defendant. Keeping back of something that is due, because there is an equitable reason to withhold it. A right of the defendant to have a deduction from the amount of the plaintiff's damages, for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the same contract.

recoupment

n. the right of a defendant in a lawsuit to demand deduction from the amount awarded to plaintiff (party bringing the suit) a sum due the defendant from the plaintiff in the transaction which was the subject of the lawsuit. Example: Laura Landlord sues Tillie Tenant for nonpayment of rent, Tenant is entitled to deduct a deposit made at the commencement of the lease, or an amount Landlord received from re-renting the apartment before the lease expired. A recoupment is not the same as an "offset" (setoff) which can be money owed from any matter, including outside the lawsuit.

See: award, compensation, expiation, indemnity, recompense, recovery, refund, reimbursement, replevin, restitution, salvage, satisfaction, setoff, trover
References in periodicals archive ?
(6) Second, a plaintiff must establish a likelihood of recoupment: a "reasonable prospect" or "dangerous probability" (7) that the defendant will "recoup[] its investment in below-cost prices." (8) Plaintiffs can establish recoupment by showing either an ex ante likelihood of recoupment, or that recoupment was achieved in fact.
The trade creditors contended that it was unfair to prefer the debtors' setoff and recoupment rights.
The total amount owed to plaintiff after proper recoupment is $97,751.69.
A tool that considers regression and recoupment, nature or severity of disability, and critical areas/stages of learning can be found at www.
This Note will explore the interaction between recoupment and bankruptcy by focusing on the Eighth Circuit's decision in In re Terry.
"Buckingham has the right to assert its compulsory counterclaim in recoupment for tortious interference with contract by virtue of the filing of this action against it by the United States," the company said in an October filing.
Such bold an approach would require legislation, as the law and 32 CFR [section] 165.6 require, "Recovery of nonrecurring cost recoupment charges shall cease upon the recovery of total DoD costs."
Over the period of production awards from 2006-09, the UKFC earned $13 million from investments of $65 million, for an average recoupment rate of 20%.
The appendices provide sample letters and list intermediaries, prompt payment regulations, and refund recoupment statues by state.
The model is also used to examine the efficiency of different recoupment mechanisms (both existing and new) used by regulators and insurers to potentially reduce these contagion effects.
The requirement to consider two periods (both the predation phase as well as the recoupment phase) is an acknowledgment of a need to move beyond traditional static analysis.
Specifically, this testimony describes: (1) PBGC's process for determining the amount of benefits to be paid; and (2) PBGC's recoupment process when the estimated benefit provided is too high and a retiree receives an overpayment that must be repaid.