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Civil Procedure Keyed to Yeazell
Plant v. Blazer Financial Services
Facts
In 1975 Plaintiff executed a note in favor of Defendant for $2,520 to be paid in monthly installments of $105.00. No payments were made on the note. In 1976 Plaintiff commenced a civil action under the Act, for failure to make disclosures required by the Act. Defendant counterclaimed on the note for the unpaid balance. The trial court held Defendant violated the Act and awarded Plaintiff the statutory penalty of $944.76 and $700.00 in attorney’s fees. The trial court ruled that Defendant’s counterclaim on the underlying debts was compulsory. The issue was jurisdictional.
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