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

Back to TopCommentsE-mailPrintBookmark and Share

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.”



Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.