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

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.

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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 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.

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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:

  1. The Plaintiff fails to prove their case.
  2. You prove that you don't owe the Plaintiff any money.
  3. 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:

  1. Respond to each claim listed in the Complaint.
  2. Assert your affirmative defenses.
  3. 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 Solo?

Solo makes it easy to resolve debt with 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.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.



>>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.



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Frequently asked questions about being taken to court by OneMain Financial

Does OneMain Financial sue for unpaid loans?

Yes, OneMain Financial sues borrowers for unpaid personal loans, typically after the account defaults and is charged off at around 180 days past due. As a direct lender, OneMain usually sues in its own name through outside collection law firms rather than selling the debt. Because many OneMain loans are secured, the company may also pursue repossession of collateral in addition to or instead of a lawsuit.

What should I do if OneMain Financial is taking me to court?

If OneMain Financial has filed a lawsuit against you, file a written Answer with the court before your state's deadline, typically 14 to 30 days from the date of service. In your Answer, respond to each numbered allegation, raise affirmative defenses such as expired statute of limitations or improper service, and serve a copy on OneMain's attorney to prevent a default judgment.

What happens if I ignore a OneMain Financial lawsuit?

If you ignore a OneMain Financial lawsuit and do not file an Answer before the deadline, OneMain can request a default judgment. A default judgment gives OneMain legal authority to garnish up to 25% of your wages, freeze your bank accounts, and place liens on your property, plus add court costs, attorney's fees, and post-judgment interest that can significantly increase the amount you owe.

Can OneMain Financial repossess my car or collateral?

Yes, many OneMain Financial loans are secured by collateral such as a vehicle, boat, or household goods. If you default on a secured loan, OneMain can repossess the collateral without first going to court in most states. If the sale of the collateral does not cover the full balance, OneMain may then sue you for the remaining deficiency amount.

Will OneMain Financial settle a debt for less than I owe?

Yes, OneMain Financial settles debts for less than the full balance, most often after an account has charged off or a lawsuit has been filed. Settlement is handled through OneMain's recovery department or the collection law firm representing it. Filing an Answer if you have been sued increases your leverage, since a contested case creates litigation costs that make a reduced settlement attractive.

What percentage will OneMain Financial accept as a settlement?

OneMain Financial typically accepts settlement offers between 40% and 70% of the balance, though the exact percentage depends on the loan's age, whether it is secured, documented hardship, and case posture. A 30% to 50% opening offer is reasonable to begin negotiations. Once a case is in active litigation, OneMain may accept lower offers to avoid the cost and uncertainty of trial.

How do I contact OneMain Financial about my debt?

OneMain Financial's customer service line is 1-800-742-5465, and local branch offices handle many account questions directly. For a charged-off account, ask to be transferred to the recovery or settlement department. If your account has been placed with a collection law firm or a lawsuit has been filed, you generally must work with the attorney of record rather than OneMain directly.

What is the statute of limitations on OneMain Financial loans?

The statute of limitations on OneMain Financial personal loans varies by state, generally ranging from 3 to 6 years for many loans and up to 10 years for written contracts. The clock starts on the date of your last payment or account activity. Once the statute of limitations expires, OneMain can be barred from suing to collect, and expired SOL is a complete affirmative defense in your Answer.

Can OneMain Financial garnish my wages?

OneMain Financial can garnish wages only after winning a judgment in court. Once a judgment is entered, federal law permits garnishment of up to 25% of disposable income, though some states set lower limits or prohibit wage garnishment for consumer debt entirely. Filing a timely Answer to prevent a default judgment is the most reliable way to avoid wage garnishment.

How do I get a OneMain Financial lawsuit dismissed?

To get a OneMain Financial lawsuit dismissed, file a timely written Answer that denies the allegations and demands proof that OneMain can produce the original signed loan agreement, the payment history, and an accurate accounting of the balance claimed. Cases are sometimes dismissed when documentation is incomplete or the statute of limitations has expired. Filing an Answer is the essential step that preserves these defenses.

Will settling with OneMain Financial remove the charge-off from my credit report?

Settling a charged-off OneMain Financial account generally updates the credit report entry to "settled" or "paid," but does not automatically remove the charge-off. The negative mark can remain on your credit report for up to 7 years from the original date of first delinquency. OneMain is not obligated to delete a charge-off, so request any reporting agreement in writing before paying.

Can I respond to a OneMain Financial lawsuit without a lawyer?

Yes, you can respond to a OneMain Financial lawsuit yourself as a self-represented, or pro se, litigant. Borrowers file their own Answers in personal loan cases in all 50 states. Hiring an attorney typically costs $1,500 or more, while filing your own Answer through a service like SoloSuit costs far less. The most important factor is filing a properly formatted Answer before your deadline.

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