§ Rule 1.957. On claim and counterclaim

Codes > Iowa Rules of Civil Practice and Procedure > Chapter 1 > Division IX : B. Judgments > Rule 1.957.

Rule 1.957. On claim and counterclaim

A claim and counterclaim shall not be set off against each other, except by agreement of both parties or unless required by statute. The court, on motion, may order that both parties make payment into court for distribution, if it finds that the obligation of either party is likely to be uncollectible. If there are multiple parties and separate set-off issues, each set-off issue should be determined independently of the others. The court shall distribute the funds received and declare obligations discharged as if the payment into court by either party had been a payment to the other party and any distribution of those funds back to the party making payment had been a payment to that party by the other party.