Counterclaim or set-off; registration of judgment

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§2508. Counterclaim or set-off; registration of judgment

Upon the trial of any suit in the United States Court of Federal Claims in which any setoff, counterclaim, claim for damages, or other demand is set up on the part of the United States against any plaintiff making claim against the United States in said court, the court shall hear and determine such claim or demand both for and against the United States and plaintiff.

If upon the whole case it finds that the plaintiff is indebted to the United States it shall render judgment to that effect, and such judgment shall be final and reviewable.

The transcript of such judgment, filed in the clerk's office of any district court, shall be entered upon the records and shall be enforceable as other judgments.

(June 25, 1948, ch. 646, 62 Stat. 977 ; July 28, 1953, ch. 253, §10, 67 Stat. 227 ; Sept. 3, 1954, ch. 1263, §47(a), 68 Stat. 1243 ; Pub. L. 97–164, title I, §139(g), Apr. 2, 1982, 96 Stat. 42 ; Pub. L. 102–572, title IX, §902(a)(1), Oct. 29, 1992, 106 Stat. 4516 .)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §252 (Mar. 3, 1911, ch. 231, §146, 36 Stat. 1137 ).

Changes were made in phraseology.

Amendments

1992-Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".

1982-Pub. L. 97–164 substituted "United States Claims Court" for "Court of Claims".

1954-Act Sept. 3, 1954, struck out "United States" from name of Court of Claims in first par.

1953-Act July 28, 1953, substituted "United States Court of Claims" for "Court of Claims" in first par., and substituted "shall be enforceable as other judgments" for "be a judgment of such district court and enforceable as such" in third par.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.


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