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re·coup·ment /ri-'küp-mənt/ n1: the process or fact of recoupingrecoupment of expenses2 a: a keeping back of all or part of a sum sought by a plaintiff in the interest of equity see also equitable recoupmentb: a reduction in damages because of a demand by the defendant arising out of the same occurrence or transactionc: the right of a defendant to have the claim of the plaintiff reduced or eliminated by reason of a breach of contract or duty by the plaintiff in the same occurrence or transaction; also: an affirmative defense alleging such a breachd: a counterclaim that arises out of the same occurrence or transaction as that of the original action compare set-off◇ Recoupment involves the type of claim that now must be asserted in a compulsory counterclaim.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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index
compensation, expiation, indemnity, recompense, recovery (award), refund, reimbursement, replevin, restitution, salvage, satisfaction (discharge of debt), setoff, trover
Burton's Legal Thesaurus. William C. Burton. 2006
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1) The reduction of a successful plaintiff's judgment by an amount the plaintiff owes the defendant arising from the same transaction. For example, if a landlord wins an action against a tenant for failing to pay rent, the tenant might be entitled to recoupment for periods of time when the property was uninhabitable and, therefore, the tenant was not obligated to pay rent.2) Generally, the recovery or collection of money that was paid out.Category: Real Estate & Rental Property → Renters' & Tenants' RightsCategory: Representing Yourself in CourtCategory: Small Claims Court & LawsuitsCategory: Working With a Lawyer
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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USAA creditor's right to apply a debt owing to it by the debtor against a debt it owes to the debtor, if the parties owe each other mutual debts arising from the same transaction. The amount the creditor owes the debtor is reduced by the amount which is recouped. Unlike set-off, a creditor's right to recoupment is not subject to the automatic stay and prepetition claims can be withheld from postpetition debts.
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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n. A recovery of expenses; a reduction or withholding for legitimate reasons, of part or all of an owed amount; a defendant's right to have part of the plaintiff's claim reduced as the result of a breach of contract by same in the course of the same deal.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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To recover a loss by a subsequent gain. In pleading, to set forth a claim against the plaintiff when an action is brought against one as a defendant. Keeping back of something that is due, because there is an equitable reason to withhold it. A right of the defendant to have a deduction from the amount of the plaintiff's damages, for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the same contract.
Dictionary from West's Encyclopedia of American Law. 2005.
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To recover a loss by a subsequent gain. In pleading, to set forth a claim against the plaintiff when an action is brought against one as a defendant. Keeping back of something that is due, because there is an equitable reason to withhold it. A right of the defendant to have a deduction from the amount of the plaintiff's damages, for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the same contract.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.the right of a defendant in a lawsuit to demand deduction from the amount awarded to plaintiff (party bringing the suit) of a sum due the defendant from the plaintiff in the transaction which was the subject of the lawsuit. Example: Laura Landlord sues Tillie Tenant for nonpayment of rent, Tenant is entitled to deduct a deposit made at the commencement of the lease, or an amount Landlord received from re-renting the apartment before the lease expired. A recoupment is not the same as an "offset" (setoff), which can be money owed from any matter, including outside the lawsuit.
Law dictionary. EdwART. 2013.
