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BENEFICIAL FINANCE CO. OF ATL. CITY v. SWAGGERTY

86 N.J. 602 (1981)

432 A.2d 512

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

The Supreme Court of New Jersey.

Decided July 21, 1981.

Attorney(s) appearing for the Case

Jonathan I. Epstein argued the cause for appellant (Timothy Weeks, Executive Director, Essex Newark Legal Services, attorney).

Neil J. Fogarty argued the cause for amicus curiae Legal Services of New Jersey, Inc. (Melville D. Miller, President, attorney; Mr. Neil J. Fogarty, Gail Chester, Steven P. McCabe, Sally Steinberg and James Daniels, of counsel and on the briefs).

Irving U. Young argued the cause for respondent (Young & Young, attorneys; Harold V. O'Grady, on the brief).

The opinion of the Court was delivered by POLLOCK, J.

This case presents the question whether a debtor can assert a defense of recoupment under the federal Truth In Lending Act (TILA), 15 U.S.C.A. § 1601 et seq. (1974 & Supp. 1981), to reduce her liability in a suit brought by a creditor on the debt, although an affirmative action for relief on the same claim would be barred by the applicable one-year statute of limitations. Both the trial court...

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