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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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Getting 2 180s back to back is better than one right
ronniedoeslaw
12:26
In all of your research, what minimum LSAT score do you believe gets you into UIC law?
12:27
I remember the last guy on here who was convinced he was gonna get a 180 bc he scored in that range on PTs
12:28
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ugh someone come rub my bellly
12:33
@esoterica: he wasnt on that grindset mentality. im him
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Im gonna drink so much saratoga water on test day
ParallelAgreeableOrangutan
12:43
@LawOfAchilles: (hiii sorry so slow, am at work) Bloomington is lovely, I loved it as an undergrad and as a 20something non-student.
ParallelAgreeableOrangutan
12:45
If you're outdoorsy, it's nice--obv no coasts or mountains, but two small lakes really close, lots of places you can go on a lowkey hike or camp without paying park fees or anything really
ParallelAgreeableOrangutan
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super bikable, decent food to be had, things to do but not so much that you'll be distracted and never study lol. idk I'm a fan haha, I miss it
lmao I just got the LSAC notif that I'm under review at IU Maurer
ParallelAgreeableOrangutan
13:11
May you have better luck than I did :)
YAYYY JUPITER
@LawOfAchilles: if you like the outdoors, you're gonna love bloomington.
both uiowa and iu have a good reputation, especially with midwestern law firms. their alumni resources are pretty top notch too.
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Hey guys, are any T14 schools doing tours during the summer?
NosyBeagle
14:24
@NemoPropheta: the lsat was free for you? lucky
14:26
who else piss on the floor during their lsat
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@NosyBeagle: yeah you just have to be poor and then they let you take it for free twice
NosyBeagle
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ah ok it's a fee waiver. i think ill do that
NosyBeagle
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the test got more expensive since the last time i took it
NosyBeagle
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smh
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yea if you get tier 1 you get a cas waiver too which is clutch
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it is so wack how expensive this whole thing is
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