Citibank (South Dakota), NA v. Johnson

OPINION

in which D. MICHAEL SWINEY, J., and SHARON G. LEE, J., joined.

Plaintiffs action to collect debt incurred by use of credit card by defendant was dismissed by the Trial Court because defendant had not signed a contract to use the card. We reverse.

In this action to recover on a credit card debt, the Trial Court dismissed the action because the plaintiff did not produce a contract signed by the defendant debtor.

In the Complaint, plaintiff alleged that defendant had breached her credit card agreement by failing to make payments as required, and alleged that defendant owed $17,964.96, and it…