Consumer complaint received 2024-09-26
Product: Debt collection — Payday loan debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: OneMain Finance Corporation (OK)

Subject : Illegal Conduct by OneMain Leading to Hardship Date : XX/XX/year> Dear Consumer Financial Protection Bureau, My name is XXXX XXXX XXXX XXXX, and I am writing to file a formal complaint against OneMain Financial due to illegal and unethical debt collection practices that have caused significant financial hardship for my family and me. Below is a detailed account of the situation, which involves improper legal actions, lack of service, and failure to respond to my attorneys communications. 

Complaint Details : On XX/XX/year>, I received a letter in the mail informing me that OneMain Financial had filed a lawsuit against me and obtained a default judgment. This judgment was awarded on XX/XX/year>, despite the fact that neither my wife ( XXXX XXXX ) nor I were ever served with a summons. Additionally, there was no record of this summons being entered into the case file. 

Upon learning of the judgment, I immediately hired an attorney to reach out to OneMain Financial. On XX/XX/year>, my attorney emailed them, notifying them that I had never been served and requesting that the judgment be vacated. Despite this effort, OneMain Financial ignored this communication and failed to respond. 

As a result, I incurred legal fees and court costs to file a motion to vacate the judgment. This filing was the only time they responded, and they addressed the court directly rather than my attorney. 

On XX/XX/year>, OneMain Financial filed an objection in the case, claiming that the service return was not showing on the online docket. However, instead of attempting to resolve the matter with my attorney, they proceeded with aggressive collection actions by filing a garnishment on my bank account on XX/XX/year>. This action was taken without prior communication to either me or my attorney, resulting in my bank accounts being frozen and placing my familymy wife and our XXXX childrenin serious financial hardship. 

On XX/XX/year>, my attorney once again reached out to OneMain Financial, submitting sworn declarations from both my wife and I, stating that we were never served. My attorney also requested further information regarding the service, but once again, they ignored this communication. 

Subsequently, my bank sent OneMain Financial a check for the full amount owed, effectively draining my account and leaving my family in financial distress. On XX/XX/year>, I filed for an exemption due to financial hardship and am currently awaiting a hearing on the matter. 

Financial Hardship : The garnishment has severely impacted not only me but also my wife and our XXXX children. The sudden loss of funds has left us unable to meet essential living expenses, causing immense stress and financial strain on our household. We have been placed in an untenable situation due to OneMain Financials refusal to communicate with my attorney and their decision to pursue aggressive collection measures despite clear disputes regarding the validity of the service. 

Supporting Documentation : Emails between my attorney and OneMain Financial ( dated XX/XX/year>, and XX/XX/year>XXXX  ). 
Sworn declarations from both my wife and me regarding the lack of service. 
Court filings, including the motion to vacate and exemption request. 

Desired Resolution : I request ask for the vacation of the default judgment, dismissal of the lawsuit, return of the garnished funds of {$11000.00}, and closure of their file. 
Thank you for your attention to this matter. I trust that the CFPB will hold OneMain Financial accountable for their misconduct and ensure no other consumers are subjected to similar treatment. 

Sincerely, XXXX XXXX XXXX XXXX. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX ( XXXX ) XXXX