[DOWNLOAD] "Jim v. Cit Financial Services Corp." by New Mexico Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: Jim v. Cit Financial Services Corp.
• Author : New Mexico Supreme Court
• Release Date : January 11, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Appellant (Jim) is an enrolled member of the Navajo Nation residing on the Navajo Reservation in San Juan County, New Mexico. Mr. Jim purchased a pickup truck in Farmington, New Mexico and defendant-appellee (CIT) financed the purchase. Thereafter, Jim defaulted by failing to make payments as required under the contract. Two agents of CIT came upon the Navajo Reservation and, without the written consent of Jim, repossessed the pickup. CIT filed no replevin or other action in the Navajo Tribal Court. Subsequently, Jim filed suit in the District Court of San Juan County based on §§ 307 and 309 in Title 7 of the Navajo Tribal Code. Section 307 states the procedures for repossessing "personal property" of Navajo Indians situated on tribal lands, viz.: written consent of the Navajo at the time repossession is sought or by order of the tribal court "in an appropriate legal proceeding." Jim alleged CIT violated § 307 and sought a minimum civil judgment under § 309 of the Tribal Code of "an amount not less than the credit service charge plus ten percent (10%) of the principal amount of the debt or the time price differential plus ten percent (10%) of the cash price." He argued the pickup was used for "personal purposes" thus bringing it within § 309s definition of "consumer goods" and entitling him to the minimum recovery. CIT answered and, as its first defense, alleged the complaint failed to state a claim for which relief could be granted. See § 21-1-1(12)(b)(6) N.M.S.A. 1953. This was apparently based on the theory that New Mexico laws applied and, under the Uniform Commercial Code, § 50A-9-503, N.M.S.A. 1953 (hereinafter § 9-503), CIT had the right to self-help repossession if done without breach of the peace. The district court, treating the defense as a motion to dismiss, sustained CITs claim and dismissed the case with prejudice. Mr. Jim appealed.

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