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POLYTECHNIC INST. v. INTERACTIVE RETURN SERVICE, INC.

Record No. 050710.

626 S.E.2d 436 (2006)

271 Va. 304

VIRGINIA POLYTECHNIC INSTITUTE and State University, et al. v. INTERACTIVE RETURN SERVICE, INC.

Supreme Court of Virginia.

March 3, 2006.

Attorney(s) appearing for the Case

Eric A. Gregory, Associate State Solicitor General (Judith Williams Jagdmann, Attorney General; William E. Thro, State Solicitor General; D. Mathias Roussy, Jr., Associate State Solicitor General, on briefs), for appellants.

Christopher G. Hill (Meyer, Goergen & Marrs, on brief), Richmond, for appellee.

Present: LACY, KEENAN, KOONTZ, KINSER, LEMONS, AGEE, JJ., and COMPTON, S.J.

KOONTZ, Justice.

The sole issue in this appeal is whether the Setoff Debt Collection Act, Code §§ 58.1-520 through -535, (the "Act") permits an agency of the Commonwealth to offset the amount of a monetary judgment in favor of a judgment creditor against a larger debt owed by that judgment creditor to the agency.

BACKGROUND

The events ultimately leading to this appeal began in the mid-1990s when Interactive Return Service, Inc. ("Interactive...

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