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Unpaid balance bars woman from being class representative in class-action complaint

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Even though a trial court initially certified a class in a lawsuit, the Indiana Court of Appeals has ruled in a case of first impression that the lower court can change its mind.

Tequita Ramsey filed an interlocutory appeal, arguing the trial court abused its discretion in ordering the temporary decertification of a class.

Ramsey originally filed a complaint in small claims court after a car she bought from Lightning Corp., d/b/a/ First Class Car Co., developed mechanical problems the same day she drove it off the lot. She had paid $1,400 toward the purchase price of $1,791.40 and agreed to make payments on the remaining $391.40.

When Lightning refused to refund the money, Ramsey filed the complaint then amended that complaint to include a class-action claim. Specifically, she alleged that the $199 document preparation fee the dealer charged on all its sales was a violation of Indiana Code 9-23-3-6.5.

The trial court granted the class certification order but later granted Lightning’s motion to modify that order. Lightning held Ramsey was not an appropriate class representative because the $1,400 she had paid did not include the $199 document preparation fee.

On appeal, Ramsey countered that she has standing to be a class representative because Lightning was suing her for the remaining balance due under the sales agreement.

In Tequita Ramsey v. Lightning Corporation, 49A02-1209-CC-705, the appeals court affirmed the trial court’s judgment in decertifying the class. The COA stated it could find no logical reason to hold that the trial court may never revoke or rescind such an order.

As to Ramsey’s argument that she is a class representative because she is being sued for the amount that includes the document preparation fee, the appeals court was unconvinced.

“In our view, Ramsey’s argument is only speculative,” Judge John Baker wrote. “Ramsey should not be permitted to breach her contract with Lightning by failing to pay the amounts required under the purchase documents, and then when Lightning sues her for non-payment, be conferred the rights and benefits as if she had satisfied her obligations under the contract.”

 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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