Hagler v. Ford Motor Credit Co.

The plaintiff sued the defendant in detinue. The defendant counterclaimed on the basis that plaintiff had committed certain violations of the Federal Truth in Lending Act.

The learned trial judge found the defendant's counterclaim to be barred by the statute of limitations. 15 U.S.C. § 1640 (e). The dispositive issue on this appeal is whether the trial judge was correct in the above determination. We find that he was not and reverse and remand.

The facts are virtually without dispute and pertinently are as follows:

On January 19, 1976, the defendant purchased an automobile from a dealership. The…