BENEFICIAL FIN. CO OF ATLANTIC CITY v. SWAGGERTY


159 N.J. Super. 507 (1978)

388 A.2d 647

BENEFICIAL FINANCE CO. OF ATLANTIC CITY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. ROBERT SWAGGERTY AND YVONNE SWAGGERTY, DEFENDANTS.

Superior Court of New Jersey, District Court Atlantic County.

April 25, 1978.


Attorney(s) appearing for the Case

Mr. Sidney M. Goodelman for plaintiff.

Mr. Stephen W. Barry for defendants (Cape Atlantic Legal Services, Inc.).


GIBSON, J.C.C. (temporarily assigned).

This is a suit on a note. The loan, amounting to $638.45, was made on June 26, 1975, whereafter defendants defaulted leaving a balance due of $525.92 plus interest. The issues raised by the defense do not contest the amount owed but rather speak to the right to assert a set-off based on the claim that the note violates several provisions of the federal Consumer Credit Protection Act, 15 U.S.C.A. 1601 et seq. and...

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