George Simons | October 26, 2022
Don't be clueless when a debt lawsuit comes your way. ^^Summary: OneMain Financial is a lender that finances loans throughout the US. Known for high interest rates, late fees, and aggressive debt collection tactics, there is a chance that OneMain Financial will sue you if you don’t pay off your debt to the company. Use SoloSuit to respond to your debt collection lawsuit and increase your chances of winning by 7x.
It started as one missed payment. Now, your personal loan has spiraled out of control. Your lender, OneMain Financial, is taking you to court and you don't know what you should do.
Don't panic. Being contacted by OneMain Financial collections isn’t the end of the world. While debt collection lawsuits can be a hassle, you still have legal protections.
Knowing that probably doesn't make your situation any less stressful. That's where we come in. SoloSuit will help you decide what to do if OneMain Financial contacts you about a debt or is taking you to court.
Who is OneMain Financial?
Thinking of taking on OneMain Financial? You've got your work cut out for you. OneMain Financial is a 100-year-old lender with more than 1,500 locations across the country. They specialize in selling personal loans ranging from $1,500 to $20,000. These personal loans can go towards buying:
- Autos or heavy equipment
- Debt consolidation
- Medical costs
- Vacations
- Home improvement
OneMain Financial is a creditor, not a debt collector, because any debt you have was originally owed to OneMain. However, OneMain Financial can still sue you for a debt you owe, and it has an internal debt collections department that will reach out to you when you start missing payments.
Below is OneMain Financial’s contact information:
OneMain
Holdings, Inc.
601 N.W. Second Street
Evansville, IN 47708-1013
800-290-7002
According to OneMain Financial, you missed several payments on your loan. Now, they've filed a lawsuit against you to collect the debt. But what does that mean, exactly?
You can use SoloSuit to win against even the biggest debt collection agencies.
What is a debt collection lawsuit?
A debt collection lawsuit is the “nuclear option” for lenders like OneMain Financial. High court costs and attorney fees generally means that lenders save debt collection lawsuits as a last resort.
You might be wondering, “will One Main Financial sue me?” Well, the simple answer is yes.
Every lawsuit starts with a Summons and Complaint. These are the court documents that officially initiate a debt lawsuit. The Summons notifies the defendant (the person being sued) of the case. The Complaint, also known as a “Petition” in some states, lists the specific claims made by the plaintiff (the person or company suing, or OneMain Financial in your case) against you.
So, the Complaint details OneMain Financial's case against you. Itcovers how much money you allegedly owe and includes any relevant documents to prove it. The Complaint will use some specific legal language. Knowing what these terms mean is essential to understanding the case against you.
If OneMain Financial wins their debt collection lawsuit against you, they have several options:
- Lien - Can One Main Financial take my car? A lender can place a lien on a debtor's property, including a car. So, if you try to sell your property, you must pay back OneMain Financial before you can make any profit for yourself. A creditor can place a lien on real estate, equipment, or any other personal asset.
- Wage garnishment - Can One Main Financial garnish my wages? The answer is yes. Everyone loves getting their paycheck. What feels better than seeing the number on your bank account go up? Garnishments pump the breaks on that feeling. Wage garnishment is a court order that allows a creditor, such as OneMain Financial, to take money directly from a debtor's income. That includes anything from paychecks to alimony to child support.
These are just two of the most extreme outcomes from a debt collection case. Never ignore a Summons and Complaint from OneMain Financial. While it may be tempting to pretend there's nothing wrong, your legal problems won't go away by themselves. Instead, you need to take action.
Protect yourself from liens and wage garnishment with SoloSuit.
What should I do if OneMain Financial is taking me to court?
Generally, the clock starts ticking as soon as you receive the Summons the Complaint. You have a limited time to file your response with the court. In this document, usually known as an “Answer,” you will defend yourself against OneMain Financial's allegations. In most jurisdictions, you'll need to respond with your Answer within 14-30 days of receiving the Complaint.
Your Answer needs to explain why you're not responsible for the debt. Courts generally accept one of several defenses in debt collection cases. You can win your case in one of three ways:
- The Plaintiff fails to prove their case.
- You prove that you don't owe the Plaintiff any money.
- The statute of limitations has passed.
Remember: the OneMain Financial is bringing this lawsuit against you. Therefore, they have the burden of proof. In other words, you're presumed innocent already. They need to prove you're not.
As a result, they'll need to show the court a paper trail. This includes documents like your original Loan Agreement and any payments you've made already. If they can't, you'll win your case.
In contrast, you'll also win if you can prove you don't owe the money. You could produce documents showing that you discharged the debt, or transferred it to someone else. Or, you could be the victim of identity theft. In this situation, your case was likely filed by mistake.
Finally, check the statute of limitation rules in your jurisdiction. The Plaintiff filed the case after the statute of limitation expired. If so, you can petition the court to dismiss your case.
Whatever course of action you decide to take, just do something! The vast majority of debt collection lawsuits end in a default judgement. This means that the Defendant never submitted an Answer. When that happens, the court automatically decides the case in favor of the Plaintiff.
Sounds like a lot of work? Luckily, there's help out there. Being on the receiving end of a collection lawsuit is tense. But you don't have to do it alone. Let SoloSuit help you decide what to do if OneMain Financial is taking you to court.
Follow these steps to respond to a OneMain Financial lawsuit
If you’re being sued by OneMain Financial, respond to the lawsuit within your state’s deadline. Your response is known as an Answer document. Follow these steps to prepare your Answer to a debt collection lawsuit:
- Respond to each claim listed in the Complaint.
- Assert your affirmative defenses.
- File the Answer with the court and send a copy to OneMain Financial.
Let's consider an example.
Example: Rachel is being sued by OneMain Financial for a debt she doesn't recognize. She suspects that her identity has been stolen. OneMain Financial refuses to work with her, and after doing some research, Rachel learns that she needs to respond to the lawsuit as quickly as possible. She uses SoloSuit to draft and file her Answer where she includes the information about her stolen identity as one of her affirmative defenses. The case is thrown out of court, and now Rachel can focus on resolving the identity theft issues with law enforcement.
You can draft and file an Answer with SoloSuit in all 50 states.
Watch this video to learn more about these three steps:
What is SoloSuit?
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
OneMain Financial receives many complaints
If you feel like you’ve been treated unfairly by OneMain Financial, you’re not alone.
As of 2022, the Better Business Bureau has received nearly 900 complaints against OneMain Financial in the most recent three-year period. Similarly, the Consumer Financial Protection Bureau has reported 2,000 complaints against OneMain Financial in the last ten years.
These complaints range from high interest rates and unauthorized charges to harassment for non-payments. Below is an example of a real OneMain Financial complaint from the CFPB complaints database (edited for clarity):
“I have 2 loans with One Main Financial in Ohio. I have been paying this loan for several years and the interest rate is very predatory. Another problem I am having with this company is that OneMain Financial will call me every day harassing me about when I’m making my next payment after the monthly payment has already been made! OneMain Financial has flooded my voicemail to the point I can’t receive messages! This harassment has been going on for 8 months. I have already spoken to the County Prosecutor and will be pursuing further action.”
One Main Financial class action lawsuit
OneMain Financial has violated the Telephone Consumer Protection Act (TCPA) on multiple occasions, and there have been several class action lawsuits filed against the company.
In these cases, OneMain Financial is reported for using automatic telephone dialing systems to contact consumers even after formal requests to only communicate in writing.
As you can see, it’s clear that OneMain Financial will go to great measures to collect on debts.
How to answer a summons for debt collection in your state
Here's a list of guides for other states.
All 50 states.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Guides on how to beat every debt collector
Being sued by a different debt collector? Were making guides on how to beat each one.
- Absolute Resolutions Investments LLC
- Accredited Collection Services
- Alliance One
- Amcol Clmbia
- American Recovery Service
- Asset Acceptance LLC
- Asset Recovery Solutions
- Associated Credit Services
- Autovest LLC
- Cach LLC
- Cavalry SPV I LLC
- Cerastes LLC
- Colinfobur
- Covington Credit
- Crown Asset Management
- CTC Debt Collector
- Cypress Financial Recoveries
- Delanor Kemper & Associates
- Eagle Loan of Ohio
- Educap
- Estate Information Services
- FIA Card Services
- Forster & Garbus
- Freshview Solutions
- Fulton Friedman & Gullace LLP
- Harvest Credit Management
- Howard Lee Schiff
- Hudson & Keyse LLC
- Integras Capital Recovery LLC
- Javitch Block
- Jefferson Capital Systems LLC
- LVNV Funding
- Mannbracken
- Mariner Finance
- Medicredit
- Michael J Adams PC
- Michael J Scott
- Midland Funding LLC
- Mullooly, Jeffrey, Rooney & Flynn
- Mountain Land Collections
- MRS Associates
- National Collegiate Trust
- Nationstar Foreclosure
- Northstar Capital Acquisition
- NCEP LLC
- NRC Collection Agency
- OneMain Financial
- Palisades Collection LLC
- Pallida LLC
- Paragon Revenue Group
- Pinnacle Collections Agency
- PMAB LLC
- Portfolio Recovery Associates
- Provest Law
- PYOD LLC
- Reunion Student Loan Finance Corporation
- Revenue Group
- Regents and Associates
- RSIEH
- Salander Enterprises LLC
- Second Round Sub LLC
- Security Credit Services
- Sherman Financial Group
- Suttell and Hammer
- T-Mobile
- Transworld Systems
- Tulsa Teachers Credit Union
- UCB Collection
- Velo Law Office
- Velocity Investments
- Waypoint Resource Group
- Weinberg and Associates
- Wolpoff & Abramson
Win against credit card companies
Is your credit card company suing you? Learn how you can beat each one.
- Bank of America
- Capital One
- Chase
- Credit One Bank
- PayPal Synchrony Card
- SYNCB/PPEXTR
- Synchrony Bank
- Target National Bank
- Wells Fargo
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Get answers to these FAQs
Need more info on statutes of limitations? Read our 50-state guide.
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Learn More With These Additional Resources:
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
How to Liquidate Debt
Arkansas Statute of Limitations on Debt
Youre Drowning in Debt — Heres How to Swim
Help! Im Being Sued by My Debt Collector
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North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
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Summoned to Court for Medical Bills? What to Do Next
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Kansas Statute of Limitations on Debt Collection
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