[DisabledinMD]

First, I've gotten much useful info here, and found answers for nearly all questions.
Second, these are the facts. I apologize for length, but I want to make sure the situation is clear to all responding, so the answers will fit my specific situation. I also blame it Aspergers, as I have become somewhat perseverated over this, and I intend to be more, rather than less detailed (which helped immensely when I initially applied for SSDI, I won a favorable decision in about 6 weeks, which is practically unheard of). So, pardon the verbosity, but much is straight from the court summons. I checked and double-checked spelling, but my typing skills are not the best, and my hands don’t always co-operate with me.

I received a summons from that Cornerstone Equity Partners Inc. assignee of Chase, and represented by Protas, Spivok and Collins, is suing me for unpaid debt. It's a long story, but technically I owe the debt, but the debt is for charges I disputed with Chase, for which Chase refused to remove from my account. I have no income save Social Security Disability, and no assets save personal possessions, old beater car, and small life insurance policy. I am, from what I understand from my research, collection proof. I have multiple disabilities/health issues, which are unlikely to improve. I don't want Cornerstone to win by default, so have decided to file my "Notice of Intent to Defend" attached to my court documents , along with my “Answers” and “Sworn Declaration of Exempt Income & Assets” form. I may very well not prevail, but at least I'm going to try. The following is the Plaintiff's claims:

1. Plaintiff, through counsel sues the Defendant for $X,XXX.XX, being the balance due and owing by Defendant to Plaintiff for merchandise sold and delivered and/or services rendered and/or credit extended upon presentation by Defendant to Plaintiff of a MasterCard credit card, issued by Plaintiff to Defendant.

2. Despite demand, Defendant refuses and continues to refuse payment thereof.


Attached to the summons are the following:

1) Application and Affidavit In Support Of Judgment.


2) Request for Military Status (Note: I am not in military).


3) Account Statement which states the following;

a) Issuer

b) Statement Date

c) Account #

d) Amount due

e) It then states;

1) Past Due: Account in Default
2) Interest Rate: (left blank)
3) Date of last pay: 08/13/07
4) Open Date" undefined NaN, NaN *

f) Statement prepared by Cornerstone with info provided electronically by Chase.

g) Messages: Make check payable to "Cornerstone Equity Partnership

h) Remittance form attached.



4) Exhibit A Bill of Sale pg 1

"Chase Bank , for value received and pursuant to the terms and conditions of a Credit Card Account Purchase Agreement dated May 28, 2009 between seller and National Loan Exchange ("Purchaser"), its successors and assigns (" Credit Card Account Purchase Agreement"), hereby assigns effective as of the File Creation Date of June 2. 2009 all rights, title and interest of Seller in and to those certain receivables, judgments or evidence of debt described in Exhibit 1 attached hereto and made part hereof for all purposes.

a) Number of accounts: (blacked out)

b) Total unpaid balances: (blacked out)

c) Premium due seller: (left blank)

Amount due to seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on June 8, 2009 (the "Closing Date") by 2:00 p.m. Seller's time as follows:

Chase Bank USA, N.A.
ABA # 021000032
Beneficiary Name: chase Bank USA, N.A.
Beneficiary Account: #304-25620


This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of or title or enforceability is expressed or implied.

Signed by Chase Bank Team Leader 6/3/09 and National Loan Exchange COO 6/4/09

Exhibit A Bill of Sale pg 2


National Loan Exchange, Inc. ("Seller"),for value received and pursuant to the terms and conditions of a Credit Card Account Purchase Agreement dated June 3, 2009 between Seller and Cornerstone Equity Partners LLC C/O Protas, Spivok and Collins Law Firm ("Purchaser"), its successors and assigns (" Credit Card Account Purchase Agreement"), hereby assigns effective all rights, title and interest of Seller in and to those certain receivables, judgments or evidence of debt described in Exhibit 1 attached hereto and made part hereof for all purposes.

This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of or title or enforceability is expressed or implied.


My questions:

1) Does that Bill of Sale satisfy the requirement showing I have some agreement with Plaintiff, as Chase transferred the account to them? *What the heck does “NaN” mean??

2) Which, if any, of the “AFFIRMATIVE DEFENSES” can I additionally use? Which should I discard? I want to be careful to choose only those which would apply to my particular situation. Strike out what you feel does not apply. I thank you in advance for your attention to this matter.

I am using a template for my answers, and picked these for the answers:

Now comes Defendant, Pro Se, who denies the following paragraphs of Plaintiff’s Complaint:

1. Defendant denies the allegations contained in Paragraph 1 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant.

Now comes Defendant, Pro Se, who admits the following paragraphs of Plaintiff’s Complaint

1. Defendant admits the allegations contained in Paragraph 2.


However, the template lists additional answers:

II. AFFIRMATIVE DEFENSES
Defendants other defenses are:

1. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.
2. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements that are required to be in writing. The purported contract alleged in the Complaint was not in writing and not signed by Defendant or by some another person authorized by Defendant and who was to answer to the alleged debt, default, or miscarriage of the other person.
3. Plaintiff is not the real party in interest and has failed to name all necessary parties.
4. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, from collecting attorney fees, interest, collection fees, and any amount not specifically provided for by purported agreement.
5. Plaintiff's Complaint fails to allege a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff's Complaint fails to allege whether the purported assignment was partial or complete and there is no evidence that the purported assignment wad bona fide.
6. Plaintiff's Complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.
7. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the Original Creditor received other compensation in the form of monies or credits from the Plaintiff. Note: Only applies in third-party creditor situations.
8. Plaintiff is not the real party in interest. Plaintiff voluntarily, with knowledge inherent, made an assumption of risk and is not entitled to judgment.
9. The Plaintiff has not proven that they are authorized and licensed to collect claims for others in the State of State, solicit the right to collect or receive payment of a claim of another.
10. The Complaint fails to allege or prove that the Plaintiff is licensed and has procured a bond in the State of State as required.
11. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.
12. Plaintiff's damages are limited to real or actual damages only. Note: Cannot be used against an original creditor, only third-party.

[JudyKayTee]

This is far too long to read, comprehend and answer.

Can you boil it down to whatever your question is?

Many of the details you posted do not matter.

[ScottGem]

My questions:

1) Does that Bill of Sale satisfy the requirement showing I have some agreement with Plaintiff, as Chase transferred the account to them? *What the heck does “NaN” mean????

2) Which, if any, of the “AFFIRMATIVE DEFENSES” can I additionally use? Which should I discard? I want to be careful to choose only those which would apply to my particular situation. Strike out what you feel does not apply. I thank you in advance for your attention to this matter.

1) Yes the Bill of Sale proves that the plaintiff is entitled to pursue the case.

2) What court is this in? If its small claims then scrap the legalese.

Your defense is simple. The charges were disputed and invalid. End of story.

You will, of course, need to bring to court proof that you disputed the charges and proof that they were invalid.

[DisabledinMD]

This is far too long to read, comprehend and answer.

Can you boil it down to whatever your question is?

Many of the details you posted do not matter.

Well, ScottGem quoted the questions, so I won't repeat them here. If I didn't post the Bill of Sale, how would you answer question 1. And if I didn't post the Plaintiff's case from the summons, how would you know what answers I should give for question 2? And if I didn't copy and paste the aswers (The template has a lot of them), how would you know how to answer question 2? If this is to long for you to read, comprehend and answer, chances are you wouldn't be able to answer it anyway. Go down to the quote in ScottGem's post, and tell me how you can answer without the necessary details. If I hadn't provided them, you would have asked anyway, as I don't see how you can answer otherwise.

[DisabledinMD]

1) Yes the Bill of Sale proves that the plaintiff is entitled to pursue the case.

2) What court is this in? If its small claims then scrap the legalese.

Your defense is simple. The charges were disputed and invalid. End of story.

You will, of course, need to bring to court proof that you disputed the charges and proof that they were invalid.

So, the Bill of Sale will show that I had an agreement with Cornerstone, indirectly? Cornerstone purchased the debt, it did not originate this debt, did it? Does Conerstone have any signed agreement between Chase and myself to show that I agreed to pay these charges? Do they not need to produce this?


I understand small claims court does not involve attorneys, plus there is no Discovery process allowed. I am allowed to initiate Discovery, I have 10 days from when I file my "Notice of Intention to Defend" to do so. Plus, there is this:

"MARYLAND: Maryland does not have a specific small claims court, but the District Court has exclusive jurisdiction for claims involving less than $25,000. No formal pleadings are required for claims under $2,500. Unfortunately, the trials in these courts are much more formal than in typical small claims courts. Therefore, individuals may wish to consider obtaining the services of an attorney before going into court. MD CJ 4-401, 405."


And finally, I would use that defense if I could, but this all happened when I was seriously ill, and based only on phone conversations. Unfortunately, I never followed through in writing. I only wish it were that easy. :(


I considered ignoring it and doing nothing, after all, they can't get blood from a stone. But, I feel I should at least make an attempt, for the simple reason of showing that my income and assets are exempt from garnishment and seizure, and therefore I am essentially 'collection-proof". The worst that can happen, is they win, and I lose; but it would probably be better to not let them win by default by doing nothing, correct?


Thanks for your help.

[ScottGem]

...If I didn't post the Bill of Sale, how would you answer question 1. And if I didn't post the Plaintiff's case from the summons, how would you know what answers I should give for question 2? ... and tell me how you can answer without the necessary details. If I hadn't provided them, you would have asked anyway, as I don't see how you can answer otherwise.

I'll tell you how. Do you think I read all of the superfluous stuff you posted? No I didn't. Did I need to see the text of the Bill of Sale? No, all I needed was the fact that you were sent a copy.

Nor did I need to see the text of the summons. They are pretty standard. I based my answer to your second question on your statement that the charges were disputed. That was all I needed.

I can understand Judy's reaction to what was WAY too much details I almost didn't respond either. But I found enough salient details from the little I did read to provide an answer.

[ScottGem]

No, the Bill of Sale shows that the Plaintiff is entitled to institute legal action to recover the defaulted debt. That's all it shows and all it needs to show.

The plaintiff needs to produce an agreement between you and Chase whereby you agree to pay back charges applied against the account.

The bottomline is that, if they can produce such proof and you cannot prove the charges were invalid, then you will, in all likelihood lose. But I agree you should make the attempt.

[DisabledinMD]

No, the Bill of Sale shows that the Plaintiff is entitled to institute legal action to recover the defaulted debt. That's all it shows and all it needs to show.

The plaintiff needs to produce an agreement between you and Chase whereby you agree to pay back charges applied against the account.

The bottomline is that, if they can produce such proof and you cannot prove the charges were invalid, then you will, in all likelihood lose. But I agree you should make the attempt.

I just wondered whether the Bill of Sale was valid. As I have read that documents are sometimes not what they seem, as anybody can manufacture anything. I would assume they must present the actual document in court, yes? Your second paragraph is what I needed to know, thanks. But I am still in limbo as far as the 'Answers' ('Defense') portion goes. So, now that you know I can't really use the charges dispute as a defense, due to lack of records, what should I reply with? Are the two replies I gave to the Plaintiff's Complaint okay? And can I use any of the "Affirmative Defenses" c&p'd from the template? You can just list which I should keep by number, and which I should strike/delete will be the ones you don't number. Again, thank you for your help.


PS If anybody else can help with the "Answers" portion, please feel free to add comments. I'm not directing this to just Scott, just piggybacking on his reply.

[DisabledinMD]

But I am still in limbo as far as the 'Answers' ('Defense') portion goes. So, now that you know I can't really use the charges dispute as a defense, due to lack of records, what should I reply with? Are the two replies I gave to the Plaintiff's Complaint okay? And can I use any of the "Affirmative Defenses" c&p'd from the template? You can just list which I should keep by number, and which I should strike/delete will be the ones you don't number. Again, thank you for your help.


PS If anybody else can help with the "Answers" portion, please feel free to add comments. I'm not directing this to just Scott, just piggybacking on his reply.

Never mind. After using the right keywords in search (I tried "defense", "answers" and affirmative defenses", the 3rd time was the charm), I found a reply to a post with almost identical Affirmative Defenses and a reply by mr. yet. I know know how to proceed.