HB 651

            
2020 SESSION

20102373D

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.
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Patron-- Hope

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Referred to Committee for Courts of Justice

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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.