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Hello! I'm new here and I've never been sued before. I have been reading on how to Answer a Complaint since I received a Summon yesterday. Please review the complaint and help me answer it. Thank you.


1. Plaintiff, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC ("Plaintiff") is a limited liability company qualified to do business in Ohio.

2. This court is the proper court because Plaintiff is informed and believes that Defendant, MY NAME, (hereafter "Defendant"), residence lies within the jurisdiction of this Court.


3. Defendant opened an account with SYNCHRONY BANK or its predecessor in interest. A copy of the account statement is attached as Exhibit "A".

4. Plaintiff has purchase Defendant's debt, and is entitled to all rights as owner thereof.


5. MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC owns portfolios of consumer receivables, which attempts to collect. When working with individual consumers, MIDLAND FUNDING LLC DOING BUSINESS IN OHIO AS MIDLAND FUNDING DE LLC and its affiliates (collectively, "Midland") generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland attemts to assess each consumer's willingness to pay, through phone calls, letters or other means. Midland attempts to exclude consumers from its collection efforts, where Midland believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments.

6. When Midland contacts consumers, it strives to treat consumers with respect, compassion and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. Midland's efforts are aimed at working with the consumers to repay their obligations and to attain financial recovery. Midland strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives.

7. Despite Midland's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with Midland. Those who do are often offered discounts or payment plans that are intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations.

8. However, the majority of Midland's consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens Midland must decide then whether to pursue collection through legal channels, including litigation like the present action against the Defendant. Although the account is no in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible.


9. There is now due and owing from the Defendant, in the amount of $2,765.19.

10. Plaintiff has made demand on Defendant for repayment of the account but Defendant has failed and refused to pay the balance due.

WHEREFORE, Plaintiff prays for judgment agains Defendant as follows:

a) For the unpaid balance of $2,765.19.

B) For the purposes for this suit, Plaintiff is not requesting any interest on the amount sough and requests that interest be waived, including pre and post judgment interest;

c) Costs for suit, and

d) Such other relief as this Court may deem just and proper.

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Read the following thread.  


After reading the thread, you need to get a copy of the credit card agreement that was in effect the year in which you defaulted on the account.   You can locate it at Consumer Financial Protection Bureau website.   Depending upon the year of default, you may have to search the archives.



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