Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Green v. Cavalry Portfolio Svcs. LLC

The appellee failed to establish it was the real party in interest to sue on the contract.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Cavalry Portfolio Services, LLC CPS, sued Grant Green to collect sums owed under an automobile sales contract between Green purchaser and Cary Paul Ford seller. CPS alleged that it received an assignment of the contract rights and was therefore the real party in interest with the right to sue for the amount due. In his answer to the suit and response to CPS’s motion for summary judgment, Green contended that CPS failed to establish that it was the real party in interest to sue on the contract. We agree and reverse the trial court’s grant of summary judgment in favor of CPS. The record shows that Cary Paul Ford assigned its contract rights in writing to Union Acceptance Corporation. Thereafter, the record shows a written assignment of the contract rights from Union Acceptance Company, LLC to Professional Recovery Systems, LLC, which assigned the rights in writing to Cavalry SPV I, LLC, which assigned the rights in writing to CPS. Because nothing in the record shows an assignment of the contract rights from Union Acceptance Corporation to Union Acceptance Company, LLC, there is a break in the chain of written assignments necessary to establish that CPS was the real party in interest to bring the suit on the contract. Wirth v. Cach, LLC., 300 Ga. App. 488 685 SE2d 433 2009. Although CPS contends in its appellate brief that Union Acceptance Company, LLC is also known as Union Acceptance Corporation, there is nothing in the record to support this contention.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs