PRETRIAL ADJUDICATION
...Pleading
......Answers
.........New Matter-Set Off
5 Cards On This Topic:

Cross-demands for money.

"Set-off" not available if cross-demand is barred for failure to previously assert compulsory cross-complaint pursuant to Code Civ. Proc. §426.30.

In comparative fault case with insured parties, ct. should not apply mandatory setoff, but should consider effect of setoff on ultimate financial recovery: Ins. companies should not receive windfall.

Bank may not exercise right of setoff against deposits which are derived from unemployment and disability benefits, thus protected from creditors’ claims.

Alimony or child support payments are not "ordinary debt" thus cannot be set-off against debt owing to husband making support payments by wife.