What Should I Do If OneMain Financial Is Taking Me to Court?

January 17, 2024

What Should I Do If OneMain Financial Is Taking Me to Court?

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 ZumaZip.com 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. ZumaZip.com 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
customerservice@omf.com

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 ZumaZip 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 ZumaZip.

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 ZumaZip.com 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 ZumaZip.com 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 ZumaZip 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.

What is ZumaZip?

ZumaZip is a convenient solution designed to streamline your response to a debt collection lawsuit. Here’s a breakdown of what you can expect when you use ZumaZip:

Firstly, you’ll access our user-friendly web application, which guides you through the process step by step. You’ll be prompted to answer a series of questions related to your specific situation. Once you’ve completed the questionnaire, you have the option to either print out the finalized forms and mail them to the appropriate courts yourself, or you can opt to utilize ZumaZip’s services to file them on your behalf. Additionally, if you choose this option, an attorney will review your document for added peace of mind.

If you’re seeking guidance on how to effectively respond to a debt collection lawsuit, ZumaZip can provide the assistance you need. Feel free to explore our FAQs for more information on what ZumaZip has to offer.

What if I haven’t been sued yet?

If you’ve only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it’s by phone or mail, you can respond by formally requesting a debt validation with a Debt Validation Letter . This letter notifies the collector that you dispute the debt and forces them to provide proof you owe the debt. They can’t call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.

Get started with a Debt Validation Letter here.

How to Answer a Summons for debt collection in all 50 states

Here’s a list of guides on how to respond to a debt collection lawsuit in each state:

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