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Citibank (South Dakota), N.A v. Randall O. Peterson

May 11, 2011

CITIBANK (SOUTH DAKOTA), N.A.,
PLAINTIFF AND APPELLEE
v.
RANDALL O. PETERSON,
DEFENDANT AND APPELLANT



Appeal from the District Court of Barnes County, Southeast Judicial District, the Honorable John T. Paulson, Judge.

The opinion of the court was delivered by: Crothers, Justice.

N.D. Supreme Court

Citibank v. Peterson,

2011 ND 86

This opinion is subject to petition for rehearing. [Go to Documents]

[Download as WordPerfect]

AFFIRMED.

Opinion of the Court by Crothers, Justice.

Citibank (South Dakota) v. Peterson

No. 20100345

[ ¶1] Randall O. Peterson appeals from the district court order denying his motion for reconsideration of the default judgment entered against him for a credit card debt owed to Citibank (South Dakota), N.A., and from the district court default judgment entered against him. We affirm.

I

[ ¶2] On July 19, 2010, Citibank filed a complaint alleging Peterson failed to pay the amount due on a credit card debt. Peterson filed what he called a "special appearance only for the limited purpose of dismissal with prejudice and award costs and fees and judicial notice."

[ ΒΆ3] Citibank opposed the motion to dismiss, arguing Peterson has not stated a valid reason to dismiss the claim. The district court denied Peterson's motion to dismiss. Citibank moved for default judgment, arguing Peterson has not answered the complaint. Peterson filed with the district court a lawyer disciplinary complaint he previously sent to the disciplinary board and a "notice of tacit admission." On September 13, 2010, the district court entered a judgment by default, ordering ...


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