North Dakota § 30.1-19-11 (3-811) Counterclaims

North Dakota Statutes

§ 30.1-19-11 — (3-811) Counterclaims

North Dakota·Title 30.1 Uniform Probate Code·Ch. 30.1-19 Creditors' Claims

In allowing a claim the personal representative may deduct any counterclaim which the
estate has against the claimant. In determining a claim against an estate, a court shall reduce
the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the
claim, render a judgment against the claimant in the amount of the excess. A counterclaim,
liquidated or unliquidated, may arise from a transaction other than that upon which the claim is
based. A counterclaim may give rise to relief exceeding in amount or different in kind from that
sought in the claim.

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In allowing a claim the personal representative may deduct any counterclaim which the
estate has against the claimant. In determining a claim against an estate, a court shall reduce
the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the
claim, render a judgment against the claimant in the amount of the excess. A counterclaim,
liquidated or unliquidated, may arise from a transaction other than that upon which the claim is
based. A counterclaim may give rise to relief exceeding in amount or different in kind from that
sought in the claim.

North Dakota § 30.1-19-11 ((3-811) Counterclaims) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.