Virginia HB 651: Recoupment; actions that qualify.

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2020 SESSION

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CHAPTER 1211 

An Act to amend and reenact � 8.01-422 of the Code of 
Virginia, relating to statutory recoupment. 

[H 651] 

Approved April 22, 2020 

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.