Opinion
Case No. 20090727-CA.
Filed November 13, 2009. Not For Official Publication
Appeal from the Fourth District, Orem Department, 090201228 The Honorable Christine S. Johnson.
Rodney Wilkerson, Orem, Appellant Pro Se.
William A. Mark, Grady R. McNett, and Jacob H.B. Franklin, Draper, for Appellee.
Before Judges Orme, Thorne, and McHugh.
MEMORANDUM DECISION
Rodney Wilkerson appeals the trial court's grant of summary judgment in favor of Capital One Bank, NA, in a debt collection action. This is before the court on its own motion for summary disposition based on the lack of a substantial question for review.
Wilkerson asserts that the trial court erred because there was no signed credit agreement as required under the statute of frauds. However, for credit agreements such as the credit card account at issue here, there is an exception to the statute of frauds permitting certain credit agreements to be enforced without the debtor's signature. See Utah Code Ann. § 25-5-4(2)(e) (2007); see also MBNA Am. Bank, N.A. v. Goodman, 2006 UT App 276, ¶ 8, 140 P.3d 589 (noting the statutory exception for credit card agreements). Section 25-5-4(2)(e) provides:
A credit agreement is binding and enforceable without any signature by the party to be charged if:
(i) the debtor is provided with a written copy of the terms of the agreement;
(ii) the agreement provides that any use of the credit offered shall constitute acceptance of those terms; and
(iii) after the debtor receives the agreement, the debtor, or a person authorized by the debtor, requests funds pursuant to the credit agreement or otherwise uses the credit offered.
Id. Accordingly, the fact that there was not a specific credit agreement signed by Wilkerson does not prohibit Capital One from pursuing action on this debt.
Wilkerson also challenges the foundation of the documents provided for support of the summary judgment motion. However, he did not raise this issue below. This court generally will not address issues raised for the first time on appeal. See Hart v. Salt Lake County Comm'n, 945 P.2d 125, 129 (Utah Ct. App. 1997).
Wilkerson also raises issues regarding postjudgment motions, but those events are not within the scope of this appeal and we do not address them.
Affirmed.
Gregory K. Orme, Judge, William A. Thorne Jr., Judge, Carolyn B. McHugh, Judge.