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

North Dakota Statutes

§ 30.1-19-11 — (3-811) Counterclaims

North Dakota § 30.1-19-11

Title 30.1Uniform Probate Code

Ch. 30.1-19Creditors' Claims

This text of North Dakota § 30.1-19-11 ((3-811) Counterclaims) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 30.1-19-11 (2026).

Text

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.