Charles L. Whigham & Louise Whigham v. Beneficial Fin. Co. Of Fayetteville, Inc., Charles L. Whigham & Louise Whigham v. Beneficial Fin. Co. of Fayetteville, Inc., 599 F.2d 1322 (4th Cir. 1979). · Go Syfert
Charles L. Whigham & Louise Whigham v. Beneficial Fin. Co. Of Fayetteville, Inc., Charles L. Whigham & Louise Whigham v. Beneficial Fin. Co. of Fayetteville, Inc., 599 F.2d 1322 (4th Cir. 1979). Cases Citing This Book View Copy Cite
“lender's claim for debt against a borrower who sues for violation of the has none of the characteristics associated with a compulsory counterclaim.”
87 citation events (20 in the last 25 years) across 33 distinct courts.
Strongest positive: The Bank of New York Mellon, as Trustee For The Certificateholders Of CWABS Inc., Asset-backed Certificates, Series 2007-6 v. Alan G. Keiran, Provincial Bank (minnctapp, 2016-08-22)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (quoted) The Bank of New York Mellon, as Trustee For The Certificateholders Of CWABS Inc., Asset-backed Certificates, Series 2007-6 v. Alan G. Keiran, Provincial Bank
Minn. Ct. App. · 2016 · quote attribution · 1 verbatim quote · confidence low
lender's claim for debt against a borrower who sues for violation of the has none of the characteristics associated with a compulsory counterclaim.
discussed Cited as authority (rule) Cabrera v. Courtesy Auto, Inc. (2×) also: Cited "see"
D. Neb. · 2002 · confidence medium
Whigham, 599 F.2d at 1324 (internal citations and footnotes omitted).
cited Cited as authority (rule) Hart v. Clayton-Parker and Associates, Inc.
D. Ariz. · 1994 · confidence medium
Whigham, 599 F.2d at 1324.
discussed Cited as authority (rule) Laszlo Adam, Dennis W. Brush, Michael J. Connelly, Jack Weinstein, Marcel Fournier, William S. Kingson v. Eli S. Jacobs (2×) also: Cited "see"
2d Cir. · 1991 · confidence medium
Thus, as the Whigham Court stated, “a lender’s claim for debt against a borrower who sues for violation of [TILA] has none of the characteristics associated with a compulsory counterclaim.” Id. at 1323 (footnote omitted).
discussed Cited as authority (rule) Brady v. CF Schwartz Motor Co., Inc. (2×) also: Cited "see"
D. Del. · 1989 · confidence medium
Ford, 617 F.2d 1278, 1292 (7th Cir.1980), rev’d on other grounds, 452 U.S. 205 , 101 S.Ct. 2266 , 68 L.Ed.2d 783 (1981); Maddox v. Kentucky Finance Co., Inc., 736 F.2d 380, 383-84 (6th Cir.1984); Plant v. Blazer Financial Services, Inc. of Ga., 598 F.2d 1357, 1361 (5th Cir.1979). 4 In Whigham, supra, the Fourth Circuit held that the federal TILA claim and the state debt counterclaim were not “logically related” even though they arose out of the same transaction because the debt “counterclaim raises issues of fact and law significantly different from those presented in the [TILA] claim.…
examined Cited as authority (rule) Robert Maddox and Margaret Maddox, Cross-Appellants v. Kentucky Finance Company, Inc., Cross-Appellee (4×)
6th Cir. · 1984 · confidence medium
Id. at 1323.
cited Cited as authority (rule) Trimmel v. General Electric Credit Corp.
D. Conn. · 1983 · confidence medium
Valencia, 617 F.2d at 1292 ; Whigham, 599 F.2d at 1324.
discussed Cited as authority (rule) Curlings v. MacEmore
N.C. Ct. App. · 1982 · confidence medium
In Whigham, the Fourth Circuit, in determining that a lender’s claim for debt against a borrower who sued for a violation of the Truth-In-Lending Act was not a compulsory counterclaim, listed the following criteria to consider when determining whether a claim is a compulsory counterclaim: “[(1)] whether the issues of fact and law raised by the claim and counterclaim are largely the same[; (2) ] whether substantially the same evidence bears on both claims);] and [(3)] whether any logical relationship exists between the two claims.” Id. at 1323.
discussed Cited as authority (rule) James R. Peterson and Brenda Peterson v. United Accounts, Inc. (2×) also: Cited "see"
8th Cir. · 1981 · confidence medium
While the state debt claim involved a private loan contract governed by state law, “[t]he borrower’s federal claim involves the same loan, but it does not arise from the obligations created by the contractual transaction. * * * Instead, the claim invokes a statutory penalty designed to enforce federal policy against inadequate disclosure by lenders.” Id. at 1324.
examined Cited as authority (rule) Olga Valencia and Miguel Gonzalez v. Anderson Bros. Ford and Ford Motor Credit Company (6×)
7th Cir. · 1980 · confidence medium
A debt counterclaim "has none of the characteristics associated with a compulsory counterclaim," 599 F.2d at 1323, and thus is permissive rather than compulsory.
cited Cited "see" First Bank Puerto Rico v. Swift Access Marketing, Inc.
D.P.R. · 2010 · signal: see · confidence high
See Whigham v. Beneficial Finance Co., 599 F.2d 1322 , 1323 (4th Cir.N.C.1979).
cited Cited "see" United States v. LaRosa
D. Maryland · 1997 · signal: see · confidence high
See Whigham v. Beneficial Finance Co., 599 F.2d 1322 , 1323 (4th Cir.1979).
cited Cited "see" Eubanks v. Liberty Mortgage Banking Ltd.
E.D.N.Y · 1997 · signal: see · confidence high
See Whigham v. Beneficial Finance Co. of Fayetteville, 599 F.2d 1322 , 1323-24 (4th Cir.1979).
cited Cited "see" Agliam v. Ohio Savings Ass'n
N.D. Ohio · 1983 · signal: see · confidence high
See Whigham v. Beneficial Finance Co. of Fayetteville, Inc., 599 F.2d 1322, 1323 (4th Cir.1979).
cited Cited "see" Hardy v. National Kinney of California, Inc.
N.D. Cal. · 1983 · signal: see · confidence high
See Whigham v. Beneficial Finance Co. of Fayetteville, Inc., 599 F.2d 1322 (4th Cir.1979); Shump v. Balka, 574 F.2d 1341 (10th Cir.1978).
cited Cited "see" General Motors Acceptance Corp v. Audino (In Re Audino)
Bankr. D.R.I. · 1981 · signal: see · confidence high
See Whigham v. Beneficial Finance Co. of Fayetteville, 599 F.2d 1322 (4th Cir. 1979).
discussed Cited "see, e.g." Ellingstad v. STATE, DEPT. OF NAT. RES.
Alaska · 1999 · signal: see also · confidence low
Ford, 617 F.2d 1278, 1291 (7th Cir.1980), rev'd on other grounds, 452 U.S. 205 , 101 S.Ct. 2266 , 68 L.Ed.2d 783 (1981), quoted with approval in Hart v. Clayton-Parker & Assocs., 869 F.Supp. 774, 777 (D.Ariz. 1994); see also Whigham v. Beneficial Finance Co. of Fayetteville, 599 F.2d 1322 , 1324 (4th Cir.1979) (declining to find debt counterclaim compulsory in TILA suit in part because the evidence needed to support each claim differed). [54] Quick Container Servs., Inc. v. Interpool Ltd., 115 F.R.D. 59, 61 (S.D.N.Y.1987). [55] See id. at 60 . [56] Stille v. Colborn, 740 S.W.2d 42, 44 (Tex.App…
discussed Cited "see, e.g." Ellingstad v. State, Department of Natural Resources
Alaska · 1999 · signal: see also · confidence low
Ford, 617 F.2d 1278, 1291 (7th Cir.1980), rev'd on other grounds, 452 U.S. 205 , 101 S.Ct. 2266 , 68 L.Ed.2d 783 (1981), quoted with approval in Hart v. Clayton-Parker & Assocs., 869 F.Supp. 774, 777 (D.Ariz.1994); see also Whigham v. Beneficial Finance Co. of Fayetteville, 599 F.2d 1322 , 1324 (4th Cir.1979) (declining to find debt counterclaim compulsory in TILA suit in part because the evidence needed to support each claim differed). .
Retrieving the full opinion text from the archive…
Charles L. Whigham and Louise Whigham
v.
Beneficial Finance Co. Of Fayetteville, Inc., Charles L. Whigham and Louise Whigham v. Beneficial Finance Company of Fayetteville, Inc.
78-1433.
Court of Appeals for the Fourth Circuit.
Jun 20, 1979.
599 F.2d 1322

599 F.2d 1322

Charles L. WHIGHAM and Louise Whigham, Appellants,
v.
BENEFICIAL FINANCE CO. OF FAYETTEVILLE, INC., Appellee.
Charles L. WHIGHAM and Louise Whigham, Appellees,
v.
BENEFICIAL FINANCE COMPANY OF FAYETTEVILLE, INC., Appellant.

Nos. 78-1433, 78-1434.

United States Court of Appeals,
Fourth Circuit.

Argued March 9, 1979.
Decided June 20, 1979.

Robin E. Hudson, Raleigh, N. C. (Charles R. Hassell, Jr., Davis, Hassell, Hudson & Broadwell, Raleigh, N. C., on brief), for Charles L. Whigham and Louise Whigham.

David A. Harlow, Fayetteville, N. C. (Nance, Collier, Singleton, Kirkman & Herndon, Fayetteville, N. C., on brief), for Beneficial Finance Co. of Fayetteville, Inc.

Before BUTZNER and RUSSELL, Circuit Judges, and ROBERT R. MERHIGE, Jr., United States District Judge for the Eastern District of Virginia, sitting by designation.

BUTZNER, Circuit Judge:

[*~1322]1

Charles and Louise Whigham appeal a summary judgment against their claim that the disclosures made to them when they secured consumer credit from Beneficial Finance Co. did not comply with the Truth-in-Lending Act, 15 U.S.C. § 1601 Et seq., and Federal Reserve Regulation Z, 12 C.F.R. § 226.1 et seq. Beneficial Finance appeals the dismissal of its counterclaim against the Whighams for the amount currently due on the loan. We affirm the district court's disposition of both claims.

2

* The sole issue in Beneficial's appeal is whether its claim for the balance due on the loan is a compulsory counterclaim in the borrowers' action for violations of the Truth-in-Lending Act. A federal court has ancillary jurisdiction over compulsory counterclaims, but it cannot entertain permissive counterclaims unless they independently satisfy federal jurisdictional requirements. See United States for Use and Benefit of D'Agostino Excavators, Inc. v. Heyward-Robinson Co., 430 F.2d 1077, 1080-81 (2d Cir. 1970); 6 Wright & Miller, Federal Practice and Procedure: Civil § 1414 (1971). Beneficial alleged no independent jurisdictional basis for its counterclaim.

3

Federal Rule of Civil Procedure 13(a) declares that a counterclaim is compulsory "if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim . . .." In applying the rule to particular cases, courts have considered whether the issues of fact and law raised by the claim and counterclaim are largely the same, whether substantially the same evidence bears on both claims and whether any logical relationship, exists between the two claims. See 6 Wright & Miller, Federal Practice and Procedure: Civil § 1410.

4

We conclude that a lender's claim for debt against a borrower who sues for violation of the Truth-in-Lending Act has none of the characteristics associated with a compulsory counterclaim.[*] First, the lender's counterclaim raises issues of fact and law significantly different from those presented by the borrower's claim. The only question in the borrower's suit is whether the lender made disclosures required by the federal statute and its implementing regulations. The lender's counterclaim, on the other hand, requires the court to determine the contractual rights of the parties in accordance with state law. Meadows v. Charlie Wood, Inc., 448 F.Supp. 717, 721 (M.D.Ga.1978); See Spartan Grain & Mill Co. v. Ayers, 581 F.2d 419, 430 (5th Cir. 1978).

5

Second, the evidence needed to support each claim differs. The borrower need produce only the loan documents for consideration in light of the federal requirements. The lender, however, must verify the obligation and prove a default on loan payments. Zeltzer v. Carte Blanche Corp., 414 F.Supp. 1221, 1224 (W.D.Pa.1976).

6

Third, the claim and the counterclaim are not logically related. The lender's counterclaim alleges simply that the borrower has defaulted on a private loan contract governed by state law. The borrower's federal claim involves the same loan, but it does not arise from the obligations created by the contractual transaction. See Basham v. Finance America Corp., 583 F.2d 918, 927-28 (7th Cir. 1978). Instead, the claim invokes a statutory penalty designed to enforce federal policy against inadequate disclosure by lenders. See Mourning v. Family Publications Service, Inc., 411 U.S. 356, 364-65, 376, 93 S.Ct. 1652, 36 L.Ed.2d 318 (1973); 15 U.S.C. § 1601. To let the lender use the federal proceedings as an opportunity to pursue private claims against the borrower would impede expeditious enforcement of the federal penalty and involve the district courts in debt collection matters having no federal significance. Gammons v. Domestic Loans of Winston-Salem, Inc., 423 F.Supp. 819, 820-21 (M.D.N.C.1976); Jones v. Goodyear Tire & Rubber Co., 73 F.R.D. 577, 579-80 (E.D.La.1976).

II

7

The Whighams' appeal challenges the adequacy of the disclosures that Beneficial made to them regarding the terms of their loan. The district court carefully reviewed each of their claims and held that the disclosures satisfied the requirements of the Truth-in-Lending Act and Regulation Z. We affirm that holding for reasons stated by the district court.

[*~1323]8

Affirmed,

*

Two other courts of appeals have reached similar conclusions in different contexts. See Basham v. Finance America Corp., 583 F.2d 918, 927-28 (7th Cir. 1978); Spartan Grain & Mill Co. v. Ayers, 581 F.2d 419, 430 (5th Cir. 1978). But see Palmer v. Wilson, 502 F.2d 860, 863 (9th Cir. 1974) (Thompson, J., concurring)

District courts have disagreed on the resolution of this issue. Most have held the lender's counterclaim permissive. See, e. g., Rounds v. Community Nat'l Bank, 454 F.Supp. 883, 890 (S.D.Ill.1978); Meadows v. Charlie Wood, Inc., 448 F.Supp. 717, 720-23 (M.D.Ga.1978); Fetta v. Sears, Roebuck & Co., 77 F.R.D. 411, 414 (D.R.I.1977); Parr v. Thorp Credit, Inc., 73 F.R.D. 127 (S.D.Iowa 1977); Gammons v. Domestic Loans of Winston-Salem, Inc., 423 F.Supp. 819, 820-21 (M.D.N.C.1976); Bantolina v. Aloha Motors, Inc., 419 F.Supp. 1116, 1122 (D.Hawaii 1976); Zeltzer v. Carte Blanche Corp., 414 F.Supp. 1221 (W.D.Pa.1976); Jones v. Goodyear Tire & Rubber Co., 73 F.R.D. 577, 579-80 (E.D.La.1976); Jones v. Sonny Gerber Auto Sales, Inc., 71 F.R.D. 695, 696-97 (D.Neb.1976); Ball v. Connecticut Bank & Trust Co., 404 F.Supp. 1 (D.Conn.1975); Agostine v. Sidcon Corp., 69 F.R.D. 437, 441-43 (E.D.Pa.1975); Roberts v. National School of Radio & Television Broadcasting, 374 F.Supp. 1266, 1270-71 (N.D.Ga.1974), Overruled, Mims v. Dixie Fin. Corp., 426 F.Supp. 627 (N.D.Ga.1976). Others have held the counterclaim compulsory. See, e. g., Engle v. Shapert Constr. Co., 443 F.Supp. 1383, 1386 (M.D.Pa.1978); Carter v. Public Fin. Corp., 73 F.R.D. 488, 490-92 (N.D.Ala.1977); Mims v. Dixie Fin. Corp., 426 F.Supp. 627, 628-30 (N.D.Ga.1976); Rollins v. Sears, Roebuck & Co., 71 F.R.D. 540, 542-43 (E.D.La.1976); Gibson v. Family Fin. Corp., 404 F.Supp. 896, 899 (E.D.La.1975); Kenney v. Landis Financial Group, Inc., 376 F.Supp. 852, 854 (N.D.Iowa 1974); Alpert v. U. S. Indus., Inc., 59 F.R.D. 491, 499 (C.D.Cal.1973); Rodriguez v. Family Publications Serv., Inc., 57 F.R.D. 189, 193 (C.D.Cal.1972).