Legal Opinion
Beneficial Finance Co. of Atl. City v. Swaggerty
Supreme Court of New Jersey
Decided July 21, 1981PublishedCited by 30 opinions
1Opinion of the Court
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 and Appellate Division ruled that a debtor cannot *605assert a recoupment defense in these circumstances. We reverse and remand.
I
On October 7, 1974,…
2Cases cited34 opinions
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Bull v. United StatesSupreme Court of the United States · 1935
29 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Nester v. O'DonnellNew Jersey Superior Court Appellate Division · 1997
- Associates Home Eq. Servs. v. TroupNew Jersey Superior Court Appellate Division · 2001
- FMC Stores Co. v. Boro. of Morris PlainsNew Jersey Superior Court Appellate Division · 1984
- In Re Village Craftsman, Inc.United States Bankruptcy Court, D. New Jersey · 1993
- Miah v. AhmedSupreme Court of New Jersey · 2004
25 more not listed; retrieve them via the Exa API.