Introduced in House Passed House Introduced in Senate Passed Senate Became Law

Recoupment; actions that qualify.

Specifies what actions qualify for statutory recoupment to include all defenses under a contract, whether such defenses are in law or equity. This bill is a recommendation of the Boyd-Graves Conference.

Date Version PDF TXT
01/06/2020 House: Prefiled and ordered printed; offered 01/08/20 20102373D Open



    HOUSE BILL NO. 651
    Offered January 8, 2020
    Prefiled January 6, 2020
    A BILL to amend and reenact � 8.01-422 of the Code of Virginia, relating to statutory recoupment.
    Patron-- Hope
    Referred to Committee for Courts of Justice

    Be it enacted by the General Assembly of Virginia:

    1. That � 8.01-422 of the Code of Virginia is amended and reenacted as follows:

    8.01-422. Pleading recoupment.

    In any action on a contract, the defendant may file a pleading, alleging any matter arising under the contract which would entitle him to relief in equity or at law, including (i) failure in the consideration of such contract, (ii) fraud in such contracts procurement, (iii) breach of any other provision of such contract, (iv) breach of any duty imposed upon the plaintiff by law in the making or performance of such contract, or (v) any other matter arising under such contract that would entitle the defendant to recover damages from the plaintiff, or the person under whom the plaintiff claims, in whole or in part, against the obligation of the contract; or, if the contract be by deed, alleging any such matter arising under the contract, existing before its execution, or any such mistake therein, or in the execution thereof, or any such other matter arising under the contract as would entitle him to such relief in equity or at law; and in either case alleging the amount to which he is entitled by reason of the matters contained in the pleading. If the amount claimed by the defendant exceed exceeds the amount of the plaintiffs claim, the court or jury may, in a proper case, give judgment in favor of the defendant for such excess.

    Picture Name From Date Type
    Patrick A. Hope D-Richmond Sponsor
    Date Branch Action
    01/29/2020 Senate Senate: Referred to Committee on the Judiciary
    01/28/2020 House House: VOTE: (97-Y 0-N)
    01/22/2020 House House: Reported from Courts of Justice (22-Y 0-N)
    01/15/2020 House House: Subcommittee recommends reporting (8-Y 0-N)
    01/14/2020 House House: Assigned Courts sub: Civil
    01/06/2020 House House: Prefiled and ordered printed; offered 01/08/20 20102373D
    01/06/2020 House House: Referred to Committee for Courts of Justice
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