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Cach, LLC v. Michael Steele

IN THE SUPREME COURT STATE OF NORTH DAKOTA


December 13, 2011

CACH, LLC,
PLAINTIFF AND APPELLEE
v.
MICHAEL STEELE,
DEFENDANT AND APPELLANT

No. 20110182 Appeal from the District Court of Cass County, East Central Judicial District, the Honorable John Charles Irby, Judge.

Per curiam.

N.D. Supreme CourtCach LLC v. Steele,

2011 ND 222

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

[Download as WordPerfect]

AFFIRMED.

Cach LLC v. SteeleNo. 20110182

Per Curiam.

[¶1] Michael Steele appeals from a default judgment entered in favor of Cach, LLC. Steele was served with a summons and complaint in a debt-collection action, but he did not file an answer. Cach, LLC moved for default judgment, serving notice to Steele. Steele did not respond to the notice, and the district court granted summary judgment against him. On appeal, Steele argues his due process rights were violated. Steele also claims Cach, LLC violated the Fair Debt Collection Practices Act and the Consumer Credit Protection Act.

[¶2] The exclusive means for opening a default judgment is N.D.R.Civ.P. 60(b). Shull v. Walcker, 2009 ND 142, ¶ 12, 770 N.W.2d 274. Steele did not file a motion for relief from judgment under N.D.R.Civ.P. 60(b). Rather, he appealed directly to this Court, and we summarily affirm under N.D.R.App.P. 35.1(a)(7). See Flemming v. Flemming, 2010 ND 212, ¶ 3, 790 N.W.2d 762 (citing State ex rel. Dep't of Labor v. Riemers, 2008 ND 191, ¶ 16, 757 N.W.2d 50); Shull, at ¶ 12.

[¶3] Gerald W. VandeWalle, C.J. Carol Ronning Kapsner Mary Muehlen Maring Daniel J. Crothers Dale V. Sandstrom

20111213

© 1992-2011 VersusLaw Inc.



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