Hutto v. Cacv of Colorado, LLC
308 Ga. App. 469
| Ga. Ct. App. | 2011Background
- CACV of Colorado, LLC, sued Tammy E. Hutto to collect past due sums under a Mastercard/Visa agreement, asserting it was the successor-in-interest to Chase Manhattan Bank.
- The cardholder agreement attached to the complaint referred to Chase Manhattan Bank (USA) as 'we'; Hutto’s name did not appear in the agreement.
- CACV moved for summary judgment with an affidavit from John Becker stating Hutto owed $29,031.83 plus interest under a Chase Manhattan Bank agreement.
- An 'Affidavit of Sale' claimed Hutto’s account was sold to CACV on 7/30/2003 and that CACV now owned the account, with Chase having no further interest.
- The trial court granted summary judgment in 2006, set it aside in 2009, and then granted summary judgment again in 2010 for CACV.
- On appeal, the court held CACV failed to prove a valid assignment or real party in interest, undermining standing to sue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CACV is the real party in interest to sue. | CACV asserts proper assignment from Chase Manhattan Bank. | Hutto contends no valid assignment or standing. | |
| Assignment insufficient; CACV lacks standing. | |||
| Whether the evidence establishes a valid assignment from Chase Manhattan Bank to CACV. | Watson affidavit shows sale of the account to CACV. | Watson affidavit omits Chase Manhattan Bank and Bill of Sale is defective. | No valid, properly documented assignment. |
| Effect of the Bill of Sale and other documents on CACV's standing. | Bill of Sale transfers rights to CACV. | Bill of Sale is improperly supported and inconsistent with other affidavits. | Bill of Sale insufficient to establish assignment. |
| Whether the court should consider the 2006 judgment after setting aside the order. | No cross-appeal to challenge the issue. | Argument outside the scope of this appeal. | Not addressed due to lack of cross-appeal. |
Key Cases Cited
- Nyankojo v. North Star Capital Acquisition, 298 Ga.App. 6 (Ga. App. 2009) (evidence must show valid assignment of rights)
- Wirth v. Cach, LLC, 300 Ga.App. 488 (Ga. App. 2009) (assignment proof required; evidence insufficient)
- Yates v. CACV of Colorado, 303 Ga.App. 425 (Ga. App. 2010) (assignment and standing concerns analyzed)
- Ponder v. CACV of Colorado, 289 Ga.App. 858 (Ga. App. 2008) (assignment and standing issues in debt collection)
- Koncul Enterprises v. Fleet Finance, 279 Ga.App. 39 (Ga. App. 2006) (summary judgment standard and evidence evaluation)