CITIBANK SOUTH DAKOTA, N.A. v. SCHMIDT

No. 24389.

744 N.W.2d 829 (2008)

2008 SD 1

CITIBANK SOUTH DAKOTA, N.A., Plaintiff and Appellee, v. Wayne E. SCHMIDT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 2, 2008.


Attorney(s) appearing for the Case

Robert J. Breit of Breit Law Offices; Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Wayne E. Schmidt, Mobridge, South Dakota, Pro Se defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] In this collection action, a debtor representing himself advances several dubious legal theories on why he should not be responsible for paying his entire credit card debt. In circuit court, a judgment was entered against him for the whole amount. Despite some of the debtor's questionable arguments, however, it appears that he was in fact defrauded in a telemarketing swindle. Therefore, part of his debt must be reexamined. We affirm...

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