Bill Text: VA HB651 | 2020 | Regular Session | Chaptered
Bill Title: Recoupment; actions that qualify.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-04-22 - Governor: Acts of Assembly Chapter text (CHAP1211) [HB651 Detail]
Download: Virginia-2020-HB651-Chaptered.html
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 out of the transaction which would
entitle him to relief in equity or at law, including (i) failure in
the consideration of such contract, (ii) fraud in such contract's 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 out of the transaction 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 out of the transaction 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
plaintiff's claim, the court or jury may, in a proper case, give
judgment in favor of the defendant for such excess.