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CAPITAL ONE BANK v. MONGE

881 A.2d 814 (2005)

380 N.J. Super. 266

CAPITAL ONE BANK, Assignee of Signet Bank/Virginia, Plaintiff, v. Linda M. MONGE, Defendant.

Superior Court of New Jersey, Law Division, Special Civil Part, Cape May County.

Decided July 17, 2005.

Attorney(s) appearing for the Case

Keith J. Golub, Marlboro, Nudelman, Nudelman & Ziering, Roseland, for plaintiff.

Linda M. Monge, pro se defendant.

WILLIAM C. TODD, III, P.J.Cv.

This opinion deals with the right to prejudgment interest in an action to collect a debt. At issue is whether a party's right to recover prejudgment interest pursuant to a contract is subject to the party's obligation to prosecute the claim in question promptly. This court has concluded that the right to prejudgment interest is subject to that obligation and has limited an award of interest on that basis.

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