Heritage Acceptance Corporation v. Chris L. Romine

6 N.E.3d 460, 2014 WL 1096698, 2014 Ind. App. LEXIS 112
CourtIndiana Court of Appeals
DecidedMarch 20, 2014
Docket71A03-1307-SC-283
StatusPublished
Cited by2 cases

This text of 6 N.E.3d 460 (Heritage Acceptance Corporation v. Chris L. Romine) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heritage Acceptance Corporation v. Chris L. Romine, 6 N.E.3d 460, 2014 WL 1096698, 2014 Ind. App. LEXIS 112 (Ind. Ct. App. 2014).

Opinion

OPINION

SHARPNACK, Senior Judge.

STATEMENT OF THE CASE

Heritage Acceptance Corporation (“Heritage”) appeals a small claims court judgment in favor of Chris L. Romine. We affirm.

ISSUES

Heritage raises two issues, which we restate as:

I. Whether a four-year or six-year statute of limitations applies to Heritage’s complaint.
II. Whether the statute of limitations bars Heritage’s complaint.

FACTS AND PROCEDURAL HISTORY

On September 30, 2005, Romine bought a 1996 Pontiac Firebird from Royal Motors. Romine and Royal Motors executed a “Retail Installment Contract and Security Agreement.” Plaintiffs Ex. 1. The contract provides, “You [Romine] agree to purchase from us [Royal Motors], on a time basis, subject to the terms and conditions of this contract and security agreement (Contract), the Motor Vehicle (Vehicle) and services described below.” Id.

Romine agreed to pay a total of $11,097.32 for the car, including finance charges. He further agreed to pay in seventy-eight installments of $133.94, beginning on October 15, 2005, and payable on a biweekly basis. The contract stated that Heritage would be Royal Motors’s assignee.

*462 The contract further provided that if Romine defaulted on his payments, Royal Motors or its assignee had the following option:

A. We may require you to immediately pay us, subject to any refund required by law, the remaining unpaid balance of the amount financed, finance charges and all other agreed charges.
[[Image here]]
By choosing any one or more of these remedies, we do not waive our right to later use another remedy. By deciding not to use any remedy, we do not give up our right to consider the event a default if it happens again.

Plaintiffs Ex. 1.

Romine paid the required amount to Heritage on a biweekly basis until June 2006. Beginning in that month, Romine continued to make payments, but in amounts far less than the required $133.94. He sometimes paid as little as $10.00 because he had suffered a severe back injury and was unable to maintain employment. Romine’s last payment was in May 2007. He stopped making payments because a Heritage employee told him “they weren’t going to accept” $10 or $20 anymore. Tr. p. 9. Heritage never tried to repossess the car, but it retained the certificate of title.

In early April 2013, a representative of Heritage contacted Romine and demanded payment of the entire amount owed. Ro-mine said he could not pay that amount all at once.

On April 17, 2013, Heritage sued Ro-mine in small claims court, seeking $6,000.00 (the court’s jurisdictional limit) plus court costs. After an evidentiary hearing, the court entered judgment for Romine. The final judgment states, “Statute of limitations — action not commenced within 4 yrs after cause of action accrued.” Appellant’s App. p. 5. The court further granted Romine ownership of the Pontiac. This appeal followed.

DISCUSSION AND DECISION

A small claims court’s judgment “shall be subject to review as prescribed by relevant Indiana rules and statutes.” Ind. Small Claims Rule 11(A). Where the issue on appeal is a pure question of law, we review the matter de novo. Siwinski v. Town of Ogden Dunes, 949 N.E.2d 825, 828 (Ind.2011). The determination of when a cause of action accrues is generally a question of law. Warrick Cnty. v. Hill, 973 N.E.2d 1138, 1143 (Ind.Ct.App.2012), trans. denied.

We observe that Romine did not file an appellee’s brief. Under such a circumstance, we do not develop arguments on his behalf, and we reverse if Heritage demonstrates prima facie error in the small claims court’s judgment. Heartland Crossing Found., Inc. v. Dotlich, 976 N.E.2d 760, 762 (Ind.Ct.App.2012). Prima facie error means at first sight, on first appearance, or on the face of it. Id.

I. WHICH STATUTE OF LIMITATIONS APPLIES?

The small claims court determined that the contract was subject to a four-year statute of limitations pursuant to Indiana Code section 26-1-2-725 (1986). That statute provides, “An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued.” Id. This four-year statute of limitations applies to “transactions in goods.” Ind.Code § 26-1-2-102 (1991). “It does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction.” Id.

*463 Here, Heritage claims that the applicable statute of limitations is six years, as set forth in Indiana Code section 34-11-2-9 (1998). According to that statute, “An action upon promissory notes, bills of exchange, or other written contracts for the payment of money ... must be commenced within six (6) years after the cause of action accrues.” Id.

In deciding which deadline applies, we note that when a statute is clear and unambiguous, we need not apply any rules of construction other than to require that words and phrases be taken in their ordinary sense. City of Carmel v. Steele, 865 N.E.2d 612, 618 (Ind.2007). Here, the clear and unambiguous language of Indiana Code section 26-1-2-102 provides the key to determining which statute of limitations applies. We must decide whether the contract at issue was “intended to operate only as a security transaction.” If so, then the four-year statute of limitations set forth in Indiana Code section 26-1-2-725 does not apply.

The contract is captioned “Retail Installment Contract and Security Agreement.” Plaintiffs Ex. 1. It provides, “You agree to purchase from us, on a time basis, subject to the terms and conditions of this contract and security agreement (Contract), the Motor Vehicle (Vehicle) and services described below.” Id. Heritage concedes that the contract resulted “in a sale of goods.” Appellant’s Br. p. 5. Indeed, the financing aspect of the contract is wholly dependent upon the sale of the car, because without the sale, the financing serves no purpose.

Thus, although the transaction has aspects of a contract for payment of money, it is not exclusively a security transaction. Under Indiana Code section 26-1-2-102, the contract is a transaction for goods. See First Nat. Bank of Milltown v. Schrader, 176 Ind.App. 391,

Related

Dean Blair and Paula Blair v. EMC Mortgage, LLC
127 N.E.3d 1187 (Indiana Court of Appeals, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
6 N.E.3d 460, 2014 WL 1096698, 2014 Ind. App. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heritage-acceptance-corporation-v-chris-l-romine-indctapp-2014.