75-3-811 - Counterclaims.
75-3-811. Counterclaims.
In allowing a claim the personal representative may deduct any counterclaim which theestate has against the claimant. In determining a claim against an estate a court shall reduce theamount 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 orunliquidated, may arise from a transaction other than that upon which the claim is based. Acounterclaim may give rise to relief exceeding in amount or different in kind from that sought inthe claim.
Enacted by Chapter 150, 1975 General Session