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Green v. CAVALRY PORTFOLIO SERVICES, LLC
Citations: 700 S.E.2d 741; 305 Ga. App. 843; 2010 Fulton County D. Rep. 2943; 2010 Ga. App. LEXIS 829Docket: A10A1123
Court: Court of Appeals of Georgia; September 8, 2010; Georgia; State Appellate Court
Cavalry Portfolio Services, LLC (CPS) initiated a lawsuit against Grant Green to recover amounts owed under an automobile sales contract originally made between Green and Carey Paul Ford. CPS claimed to be the real party in interest due to an assignment of contract rights. Green challenged this assertion, arguing that CPS failed to prove it was entitled to sue on the contract. The Court of Appeals of Georgia reversed the trial court's summary judgment in favor of CPS, finding a critical gap in the chain of assignments. The record indicated that Carey Paul Ford assigned contract rights to Union Acceptance Corporation, but there was no documented assignment from Union Acceptance Corporation to Union Acceptance Company, LLC. Subsequent assignments from Union Acceptance Company, LLC to Professional Recovery Systems, LLC, and then to Cavalry SPV I, LLC, followed by CPS, were established, but the missing link created ambiguity regarding CPS's status as the real party in interest. CPS's assertion that Union Acceptance Company, LLC and Union Acceptance Corporation were the same entity lacked supporting evidence in the record. Consequently, the trial court's grant of summary judgment was deemed erroneous due to insufficient proof of valid assignment of contract rights to CPS. The judgment was reversed. Judges Ellington and Doyle concurred.