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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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