The Set-off In Civil Procedure

As a defense,the set-off in civil procedure is a civil juristic act as well as a civil procedure act.Compared with the counterclaim,the set-off in civil procedure makes different,and the judicial practice should distinguish them.Creditors' obligations of the set-off are not the subject matter of action that do not take the effect of lis pendens.If there is an arbitration agreement or a jurisdiction agreement about solutions to creditors' obligations between the parties,the court should be flexible.It is important that the set-off should be raised before the end of the last court debate.The party who puts forward the defense is required to carry the burden of proof.The set-off from the debtor in the procedure for urging debt repayment should see as the defense against the order for payment.Last but not the least,the reasons for judgments which find out the existence about the set-off should have the effect of res judicata.