All the provisions of this chapter shall apply to the case of any debt or demand on the contract, alleged by way of setoff on the part of a defendant. The time of limitation of such debt or demand shall be computed in like manner as if an action had been commenced therefor at the time when the plaintiff’s action was commenced. The fact that a setoff is barred shall not preclude the defendant from using it as such if he held it against the debt sued on before it was barred.
Miss. Code Ann. § 15-1-71
Limitation of setoff
Applied in 2 court decisions — leading case 599 So. 2d 938 - Singing River Mall Company v. Mark Fields, Inc. (1992)
Most recently applied in Songcharoen v. Plastic & Hand Surgery Associates, P.L.L.C. (April 2014)
Codes, 1857, ch. 57, art. 22; 1871, § 2166; 1880, § 2687; 1892, § 2756a; 1906, § 3117; Hemingway’s 1917, § 2481; 1930, § 2317; 1942, § 747.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.