APPEAL FROM THE ST. JOSEPH SUPERIOR COURT. The Honorable Richard L. McCormick, Magistrate Judge. Cause No. 71D01-1304-SC-3127.
ATTORNEYS FOR APPELLANT: JAMIE C. WOODS, PHILLIP A. GARRETT, Thorne & Grodnik, LLP, Mishawaka, Indiana.
SHARPNACK, Senior Judge. FRIEDLANDER, J., and MAY, J., concur.
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.
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." Plaintiff's 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 ...