§ 9-13-75.Setoff of judgments; collection of balance

Two parties who each hold a judgment against the other do not necessarily need two separate rounds of collection. This section lets one judgment be set off against another on motion, netting the smaller against the larger rather than forcing both sides through full, separate executions. The setoff works whether the judgments are held by an original party to the underlying cases or by an assignee who later acquired one of them.

Once the setoff is applied, only the balance on the larger judgment remains collectable — and that balance can be pursued through execution the same as any judgment debt. The smaller judgment does not survive alongside the larger one; it is absorbed into the netting process rather than remaining a separate, independently enforceable claim.

The statute draws a protective line around assignees who bought their judgment in good faith and for value. The rights of a bona fide assignee, holding the judgment for value, are not to be interfered with by this setoff process. A party cannot use the setoff motion to undercut an assignment that was made in good faith and backed by real consideration.