In all cases of mutual debts and setoffs where the jury finds a balance for the defendant, the defendant may enter judgment for the amount and take out execution in the manner as plaintiffs may do by this Code, provided that the defendant at the time of filing his answer files therewith a true copy or copies of the subject matter of such setoffs.
§ 9-13-76.Execution by defendant after setoff
Chapter 13. Executions and Judicial Sales · Article 4. Satisfaction or Discharge of Judgment and Execution · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-76 lets a defendant who wins a balance on mutual debts and setoffs enter judgment on that balance and take out execution the same way a plaintiff would, provided the defendant filed a true copy of the setoff subject matter along with his answer.
Full Text of § 9-13-76
Plain-English Summary
A setoff defense is not limited to canceling out what the defendant owes — it can turn the tables entirely. When mutual debts and setoffs are at issue and the jury finds a balance in the defendant's favor rather than the plaintiff's, this section lets the defendant collect on that balance the same way a successful plaintiff would. The defendant may enter judgment for the amount found and take out execution to collect it, using the same procedures a plaintiff uses.
That right comes with a filing condition attached at the front end of the case, not after the jury verdict. The defendant has to file, at the time of filing his answer, a true copy or copies of the subject matter of the setoffs being asserted. Waiting until trial to spring the setoff claim, without having laid that paper trail with the answer, falls outside what this section authorizes.
The rule keeps a defendant's setoff claim from being a one-way shield. If the numbers run in the defendant's favor once the mutual debts are weighed against each other, the defendant walks away with an enforceable judgment of his own, not merely a dismissal of the plaintiff's claim.
Frequently Asked Questions
Can a defendant recover money from the plaintiff through a setoff defense?
Yes. O.C.G.A. § 9-13-76 lets a defendant who wins a balance on mutual debts and setoffs enter judgment for that amount and take out execution the same as a plaintiff.
What must the defendant do to preserve this right?
File a true copy or copies of the subject matter of the setoffs at the time of filing his answer.
What happens if the defendant never files that copy with the answer?
The statute conditions this remedy on that filing, so a defendant who skips it falls outside what this section authorizes.
Who decides whether the balance favors the defendant?
The jury, by finding a balance for the defendant after weighing the mutual debts and setoffs.
Does the defendant collect the judgment differently from an ordinary plaintiff?
No. The statute directs that the defendant take out execution in the manner as plaintiffs may do, using the same procedures.
Amendment History
Laws 1799, Cobb’s 1851 Digest, p. 487; Code 1863, § 3398; Code 1868, § 3417; Code 1873, § 3469; Code 1882, § 3469; Civil Code 1895, § 5088; Civil Code 1910, § 5672; Code 1933, § 39-606.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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