AETNA FINANCE CO. v. PASQUALI

No. 1 CA-CIV 4440.

128 Ariz. 471 (1981)

626 P.2d 1103

AETNA FINANCE COMPANY, Plaintiff-Appellee, v. Joseph F. PASQUALI and Marcia Pasquali, his wife, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied February 25, 1981.

Review Denied March 24, 1981.


Attorney(s) appearing for the Case

Abrams & Schenk by Alan P. Bayham, Jr., Ronald M. Horwitz, Marvin Schenk, Phoenix, for plaintiff-appellee.

Community Legal Services by John Schlosser, Roger W. Rea and Thomas T. Rapp, Phoenix, for defendants-appellants.


OPINION

CONTRERAS, Judge.

In this case of first impression in Arizona, appellants seek review of the question of whether they may assert a recoupment defense under the Truth-In-Lending Act after the statute of limitations has run for affirmative claims under the Act. We hold that they may not, and therefore affirm the granting of summary judgment for appellee.

In April, 1976, appellants executed a promissory note payable to appellee. Appellants subsequently...

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