Jim v. CIT Financial Services Corporation

OPINION

HENDLEY, Judge.

Defendant’s motion to dismiss was granted for failure to state a claim upon which relief can be granted and plaintiff appeals. In so ruling on defendant’s motion the trial court accepted all factual matters of the complaint as true.

The complaint is as follows: Plaintiff is an enrolled member of the Navajo Nation residing on the Navajo Reservation in San Juan County, New Mexico. Plaintiff purchased a pickup truck in Farmington, New Mexico and defendant financed th.e sale. Subsequently, plaintiff was declared in default on the payments of the loan on the pickup truck. Two…