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Reversal holds bank’s suit on repossessed vehicle filed too late

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A pro se litigant won a reversal at the Indiana Court of Appeals Friday, which ruled a trial court erred when it ruled in favor of a bank seeking to collect after a vehicle repossession.

Fifth Third Bank’s lawsuit against Robert Imbody was filed after the applicable six-year statute of limitations, the panel ruled, reversing judgment for the bank and ordering Marion Superior Judge David J. Dreyer to enter judgment in favor of Imbody.

Imbody purchased a vehicle with a loan from Fifth Third in July 2004, but monthly payments ceased in March 2006. In May of that year, the bank repossessed the vehicle, charged off the balance of $31,396, and sold the vehicle at auction.

Imbody agreed to make $100 monthly payments to the bank to satisfy a deficiency balance of just less than $15,000, but those payments stopped in February 2008.

The bank sued in June 2012 and the trial court ruled in its favor and also awarded prejudgment interest and attorney’s fees for a judgment of $24,939 plus court costs.

“The question presented on appeal is whether the Bank’s complaint is barred by the applicable statute of limitations. We hold that the Bank’s repossession of the collateral accelerated payment on the note, which triggered the six-year statute of limitations, and that the Bank’s complaint is time-barred” under I.C. § 34-11-2-9, Judge Edward Najam wrote for the panel.

“The trial court erred when it concluded that the Bank’s complaint was timely filed. We reverse the trial court’s judgment in favor of the Bank and instruct the court to enter judgment in favor of Imbody,” the panel concluded in Robert Imbody v. Fifth Third Bank, 49A05-1307-CC-322.
 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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