Pico Credit Corp. of Westbank v. Jenkins

GULOTTA, Judge.

Pico Credit Corporation of Westbank, Inc. appeals from the dismissal without prejudice of its suit via ordinaria to enforce a chattel mortgage executed by defendants Calvin and Carla Jenkins. We reverse and remand.

The petition alleges that the note and mortgage, dated May 4, 1982 for $2,537.52, provided for monthly installments in the sum of $211.46, and that, despite demand, defendants have failed to pay the installment due August 15, 1982, leaving a balance in the sum of $2,100.05. Defendants’ answer was a general denial.1

Appealing, plaintiff contends the trial judge erred…