February 05, 2021
Summary: If you're being sued by the Tulsa Teachers Credit Union, use SoloSuit to respond fast and win your lawsuit.
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! Having OneMain Financial send your loan to collections isn't the end of the world. While debt collection lawsuits can be a hassle, you still have legal protections.
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 is taking you to court.
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:
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?
A debt collection lawsuit is the “nuclear option” for lenders. High court costs and attorneys' fees generally means that lenders save debt collection lawsuits as a last resort.
Every lawsuit starts with a Complaint, called a “Petition” in some states. The Complaint will detail OneMain Financial's case against you. It'll cover how much money you allegedly owe and include 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.
Each Complaint has at least two parties. These are the people or groups that the case is about. The Plaintiff is the party that files the Complaint. In your debt collection lawsuit, that's OneMain Financial. In contrast, the Defendant is the party that allegedly harmed the Plaintiff. In this case, that's you.
If OneMain Financial wins their debt collection lawsuit against you, they have several options.
These are just two of the most extreme outcomes from a debt collection case. Never ignore a 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.
The clock starts ticking once you receive 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:
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.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"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
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.