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BENEFICIAL FIN. CO. ATLANTIC CITY v. SWAGGERTY

170 N.J. Super. 398 (1979)

406 A.2d 976

BENEFICIAL FINANCE CO. OF ATLANTIC CITY, PLAINTIFF-RESPONDENT, v. ROBERT SWAGGERTY AND YVONNE SWAGGERTY, DEFENDANTS-APPELLANTS. CONSUMERS FINANCIAL SERVICES, PLAINTIFF-RESPONDENT, v. THERESA A. TAYLOR, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 28, 1979.

Attorney(s) appearing for the Case

Mr. Jon Epstein argued the cause for appellants Yvonne Swaggerty and Theresa A. Taylor (Mr. Larry Lesnik and Jon Epstein on the brief for appellant Taylor; Mr. Stephen W. Barry, Cape Atlantic Legal Services, on the brief for appellant Swaggerty).

Mr. George F. Kugler, Jr. argued the cause for respondent Beneficial Finance Co. of Atlantic City (Messrs. Archer, Greiner and Reid, attorneys; Mr. Robert T. Egan on the brief) and for respondent Consumers Financial Services (Messrs. Young and Young, attorneys; Mr. Harold O'Grady on the brief).

Before Judges FRITZ, KOLE and LANE.

PER CURIAM.

This is a consolidated appeal of judgments against defendant debtors. Plaintiff creditors brought suit for monies due on promissory notes. Both defendants by way of setoff or recoupment counterclaimed for damages under the Federal Consumer Protection Act, 15 U.S.C. § 1601 et seq. (Act). The trial courts disallowed both claims because such defense was barred by the one-year limitation...

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