SEES v. BANK ONE, INDIANA, N.A.

No. 35S02-0406-CV-277.

839 N.E.2d 154 (2005)

John Thomas SEES, Appellant (Petitioner below), v. BANK ONE, INDIANA, N.A., Appellee (Respondent below).

Supreme Court of Indiana.

December 20, 2005.


Attorney(s) appearing for the Case

John Thomas Sees, Attorney at Law, Huntington, pro se.

Martin E. Seifert, Lori W. Jansen, Haller & Colvin, P.C., Fort Wayne, for Appellee.


RUCKER, Justice.

The question presented is whether a statute that prohibits a debtor from "bring[ing] an action upon a credit agreement" unless it is in writing applies also to a debtor's assertion of an affirmative defense. We conclude it does not.

Facts and Procedural History

In August 1995, Bank One loaned Sees Equipment $500,000. John Thomas Sees ("Sees") and his brother Robert Sees, as officers of Sees Equipment, executed a note in favor of...

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