Motion for Renewal of Judgment in Onemain Financial Group, Llc, As Servicer For ("asf") Wilmington Trust, N.a., As Issuer Loan Trustee For Onemain Financial Issuance Trust 2019-a vs. Frank Mitchell| Trellis.Law

On April 23, 2024 a Complaint,Petition was filed involving a dispute between Onemain Financial Group, Lc, As Servicer For, and Mitchell, Frank J, for Debt Claim in the District Court of Galveston County.

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FILED
4/23/2024 12:22 PM
D. Blake Apffel
JUSTICE OF THE PEACE PCT 2
GALVESTON COUNTY, TX

No.

ONEMAIN FINANCIAL GROUP, LLC, )
AS SERVICER FOR ("ASF") )
WILMINGTON TRUST, N.A., AS )
ISSUER LOAN TRUSTEE FOR )
ONEMAIN FINANCIAL ISSUANCE )
TRUST 2019-A )
Plaintiff, )
) Justice of the Peace Court
v. ) Precinct 2
) of Galveston County, Texas
FRANK J MITCHELL, )
Defendant(s). )

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

OneMain Financial Group, LLC As Servicer For ("ASF") Wilmington Trust, N.A., As

Issuer Loan Trustee For OneMain Financial Issuance Trust 2019-A (“Plaintiff”), complains of

Frank J Mitchell (“Defendant(s)”), and for its cause of action would respectfully show the Court

as follows:

1. This cause of action is governed by the rules for Expedited Actions under the Texas Rules

of Civil Procedure Rule 169 because Plaintiff is seeking only monetary relief of one-

hundred thousand dollars or less including damages of any kind, penalties, costs, expenses,

and attorney fees. Damages sought are within the jurisdictional limits of the court.

2. Discovery is governed by Rule 500.9 for Justice Courts.

3. Defendant(s) is/are a resident of Galveston County, Texas, and may be served with process

at 2118 WHITE COVE DR, LA MARQUE, TX 77568. Venue is proper in this Court

because Defendant(s) reside/resides in this county at the time of the filing of this suit.

4. Defendant(s) is/are not in active military service.
BREACH OF WRITTEN CONTRACT

5. Defendant(s) obtained a personal loan from Plaintiff. The personal loan account is

identified as ending in account number -8381.

6. Plaintiff and Defendant(s) entered into a personal loan agreement (“the Agreement”).

Under the terms of the Agreement, Plaintiff rendered a personal loan to Defendant(s).

Defendant(s) accepted the personal loan and under the Agreement became bound to pay

Plaintiff the amounts of such services, plus additional amounts due under the Agreement.

7. Defendant(s) opened the Account with Plaintiff on February 16, 2022, for a personal loan

in the original amount of $15,783.80.

8. The first payment, per the payment schedule, was due on April 01, 2022, and the final

payment was due on the account on March 1, 2028.

9. After the last payment was made by Defendant(s) on June 01, 2023, there was a total

principal balance due of $12,466.85, plus past accrued interest in the amount of $2,100.12,

for a total balance due of $14,566.97.

10. Defendant(s) has/have failed to repay all the services rendered under the Agreement. The

current balance due, owing and unpaid under the Agreement, after allowing for all just and

lawful payments, credits, and offsets is $14,566.97. Plaintiff has made demand upon

Defendant(s) for payment of the balance due under the Agreement, but Defendant(s)

has/have failed to pay the balance.

11. The terms of the Agreement control the accrual of additional charges, interest, and other

amounts. The interest rate on the account was reduced to 0% on January 30, 2024, and

Plaintiff waives all ongoing interest.
12. All conditions precedent to Plaintiff’s right to bring suit on its claims have been performed

or have occurred.

WHEREFORE, premises considered, Plaintiff, OneMain Financial Group, LLC As

Servicer For ("ASF") Wilmington Trust, N.A., As Issuer Loan Trustee For OneMain Financial

Issuance Trust 2019-A, requests that Defendant(s), Frank J Mitchell, be cited to appear and answer

and that, upon final hearing, Plaintiff be granted judgment against Defendant(s) for the following:

1. $14,566.97 as the balance due, owing, and unpaid under the Agreement;

2. All costs of this proceeding, including reasonable attorneys’ fees; and

3. Any and other relief this Court deems fit and proper.

Respectfully submitted,

MORGAN & ASSOCIATES, P.C.

_________________________
Bobby G. Irby, Bar #24127399
Harlan Blake Morgan, Bar #24133218
Crystal Griffin, Bar #24046825
2601 NW Expressway Suite 205E
Oklahoma City, OK 73112
(405) 425-0700
legal@morganandassoc.com
Attorney for Plaintiff 2868669
ONEMAIN FINANCIAL GROUP, LLC AS SERVICER FOR ("ASF") WILMINGTON TRUST,
N.A., AS ISSUER LOAN TRUSTEE FOR ONEMAIN FINANCIAL ISSUANCE TRUST 2019-A

PLAINTIFF,

vs.

FRANK J MITCHELL

DEFENDANT

AFFIDAVIT

Before me, the undersigned authority, personally appeared the person identified below, who being by
me duly sworn, deposed as follows:

1. My name is Kiera Allen . I am of sound mind, lawful age and capable of making this
Affidavit. The statements set forth in this Affidavit are true and correct based on my personal
knowledge and review of the business records described herein.
2. ONEMAIN FINANCIAL GROUP, LLC
(referred to herein as "OneMain") is:

the owner of the delinquent debt.
the servicer on behalf of
WILMINGTON TRUST, N.A., AS ISSUER LOAN TRUSTEE FOR ONEMAIN
FINANCIAL ISSUANCE TRUST 2019-A
(“Owner”), the entity to whom the delinquent debt is owed. OneMain is authorized to
collect the debt on behalf of Owner.

I am authorized to make this Affidavit on behalf of OneMain.
3. My job title is Administration Specialist. I have knowledge of, and access to, account
information and records ("Business Records") concerning Defendant’s account number currently
ending in 8381, formerly ending in 8381, which is the subject of this lawsuit (the
“Account”). As a result, I am competent to testify to the matters stated herein.
4. OneMain’s records regarding the Account contain the name and billing address of Defendant,
the Account Number (and predecessor account numbers, if any), the Account’s history, which
may include interest and/or fees assessed, payments and/or credits received, the minimum
payment due and the total outstanding balance due on the Account, all of which are
collectively referred to as the “Account Information.”
5. The loan is a personal loan. A note for the personal loan was executed by Defendant in
connection with the Account. Exhibit A attached hereto and incorporated herein is a true and
correct copy of the loan note.
6. Exhibit A is a business record reflecting information created and maintained by OneMain,
Owner, or its affiliates, in the course of regularly conducted business activity, and it is part of
the regular practice of OneMain, Owner, or its affiliates to create and maintain such
LOAN AGREEMENT AND DISCLOSURE STATEMENT 22-000806
DATE 02/16/22 ACCOUNT NUMBER 8381 TYPE OF LOAN (Alpha) F 05 DATE FINANCE CHARGE BEGINS TO ACCRUE 02/17/22
LENDER/SECURED PARTY NAME AND ADDRESS ("You" or "your") BORROWER(S) NAME AND ADDRESS ("I","me", or "my")
ONEMAIN FINANCIAL GROUP, LLC
601 NW 2ND ST FRANK J MITCHELL
EVANSVILLE, IN 47708-1013 888-265-1958 2118 WHITE COVE DR
TEXAS CITY, TX 77568

The Agreement between You and me consists of this Loan Agreement and Disclosure Statement (’Loan Agreement“) and the related
documents. The related documents are the Optional Products Disclosure Summary, the Truth in Lending Insurance Disclosure and, if
applicable, the Personal Property Appraisal Form and the GAP Waiver Addendum. This Loan Agreement is divided into four sections: A.
Truth in Lending Disclosures; B. Loan Terms and Conditions; C. Arbitration Agreement; and D. Entire Agreement/ Notices/Signature. I have
carefully read the Agreement before signing. If I had any questions, I asked them before I signed the loan documents. By signing, I agree to
everything contained in the Agreement.
A. TRUTH IN LENDING DISCLOSURES
ANNUAL FINANCE CHARGE Amount Financed Total of Payments
PERCENTAGE RATE The dollar amount the credit will The amount of credit provided to me The amount I will have paid after I have
The cost of my credit as a yearly rate. cost me. or on my behalf. made all payments as scheduled.
24.11 % $ 10999.73 $ 15783.80 $ 26783.53
My Payment Schedule will be: Number of Payments Amount of Payments When Payments Are Due
1 $ 591.21 04/01/22
56 $ 467.72 monthly beginning 05/01/22
LATE CHARGE: X If any payment is not paid in full within ____
10 days after its due date, I will be charged _______%
5.00 of the entire
_______ amount of the payment,
but not more than $_______
N/A or less than $_______.
N/A

PREPAYMENT: If I pay off early: I may X I will not have to pay a penalty for prepaying all or part of a loan's principal balance.

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I may X I will not get a refund or credit of part of the finance charge for a prepayment in full. I will not
receive a refund or credit for a partial prepayment.

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SECURITY: I am giving Lender a security interest in: X Unsecured Motor Vehicles Other Collateral
Year Make Model VIN/Serial No.

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See the remainder of this Agreement for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and
prepayment refunds and penalties, if any.

Amounts paid to others on my behalf
1. $
2. $ NONE
3. $ NONE
4. $ NONE
5. $ NONE
6. $ NONE
7. $ NONE
8. $ NONE
9. $ NONE
10. $ NONE
11. $
12. $
13. $
14. $
15. $
16. $
17. $
783.80 IUI Premium

Paid To
Paid To
Paid To
Paid To
Paid To
Paid To
Paid To
ITEMIZATION OF AMOUNT FINANCED
Paid To INVOLUNTARY UNEMPLOYMENT
Paid To
Paid To
Paid To
Paid To
Paid To
Paid To
Paid To
Paid To
Paid To
* Lender may
portion of
amounts.
INS. CO. *

retain a
these

18. $ Paid To
19. $ Paid To
20. $ Paid To
21. $ 895.14 Paid To Amt Paid on Prior Account with Lender 5383
22. $ Paid To
23. $ Paid To
24. $ Paid To
25. $ 895.14 Total Paid on Prior Account(s) with Lender
Amounts Paid to me
26. $ 14104.86 Paid To FRANK J MITCHELL
27. $ Paid To
28. $ Paid To
29. $ Paid To
30. $ Paid To
31. $ Paid To
$ 15783.80 Amount Financed (Sum of lines 1 - 24, 26 - 31)
$ 100.00 Prepaid Finance Charges (itemized below)
PREPAID FINANCE CHARGES
1. $ 100.00 Administrative Fee Paid To LENDER
2. $ NONE Paid To
3. $ NONE Paid To
4. $ NONE Paid To
5. $ NONE Paid To
6. $ NONE Paid To
7. $ NONE Paid To
8. $ NONE Paid To
THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT.
By signing below, I acknowledge receipt of a copy of this Federal Disclosure Statement.
\#APSG
E-SIGNED by FRANK MITCHELL
on 2022-02-16 19:25:29 GMT

Borrower Co-Borrower
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
(12-05-21) C.E. Agreement Page 1
Exhibit A
B. LOAN TERMS AND CONDITIONS
DATE OF LOAN. 02/17/22
_________ This is the date the Finance Charge will begin to accrue.
PROMISE TO PAY. I promise to pay all amounts due under this Agreement to Your order. I will make payments at Your address on the first
page of this Loan Agreement unless I am notified of a different address. I will make payments on the dates and in the amounts shown on
the Payment Schedule in the TRUTH IN LENDING DISCLOSURES above.
SECURITY INTEREST. To secure this loan, I give You a security interest in the Collateral. The Collateral is the property shown under
’Security“ in the TRUTH IN LENDING DISCLOSURES above, improvements and attachments to the property, insurance refunds and
proceeds. The Collateral includes substitute or replacement property I may provide. The Collateral does not include any property that the
law does not allow You to have a security interest in. The security interest will remain until I pay all amounts I owe under the Agreement.
The security interest will not be affected if I modify, renew, or extend the Agreement. You may sign and file financing statements and liens
covering the Collateral without my signature. I will cooperate with You in those cases where my signature is needed. You may file a copy of
this Loan Agreement as a financing statement. Unless prohibited by law I agree to pay the recording costs of your filing a financing
statement, continuation statement and for releasing the security interest upon my payment in full.
JOINT BORROWERS. If there is more than one Borrower, each Borrower agrees to keep all of the promises in the loan documents.
CO-SIGNERS. If I am a co-signer for this Loan Agreement, I understand that I am equally responsible with the Borrower(s). I agree that
You may look to me or any Co-Signer if the Agreement is in default. Unless required by law, You do not have to notify me if: (a) this loan is
in default; (b) You agree to accept different payment terms; (c) You release any security interest; or (d) You release any Borrower(s) or
Co-Signer(s).
CREDIT INFORMATION. You may investigate my qualification for this loan and obtain my credit report at any time, as allowed by law.
AUTHORIZATION TO USE CREDIT REPORT. I authorize You to obtain and use my credit report to see if I qualify for other products and
services You market. This authorization ends when my balance is paid in full. To cancel this authorization at any time, write: Transaction
Processing, PO Box 70911, Charlotte, NC 28272-0911. Include name, address, and account number.

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VOLUNTARY CREDIT INSURANCE. The term ’credit insurance“ includes credit life, credit disability, and credit involuntary unemployment

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insurances. The term ’credit life insurance“ includes group debtor life insurance when it is offered. Your affiliate may provide the credit
insurance that I elect to purchase. You and your affiliate expect to profit from my purchase of voluntary credit insurance. I agree to this.

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REQUIRED INSURANCE. If I have provided Collateral, I must have the insurance You require (’Required Insurance"). The Required
Insurance will cover risks that would harm your interest in the Collateral. Some examples of these risks are theft, vandalism, collision, and
fire. I may obtain Required Insurance from anyone I want or provide proof of insurance I already have as long as it is acceptable to You.

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You must have reasonable cause to reject insurance I provide. Some examples of reasonable cause are the insurer‘s financial condition and
the amount or type of coverage. The insurer must be authorized to do business in Texas. As long as the insurer is acceptable, my choice of
insurer will not affect my loan approval or loan terms. You may change the Required Insurance during the term of the Agreement. The
insurance policy must name You and your successors and assigns as loss payee and include a standard lender‘s loss payable provision. It
must also agree to provide You at least fifteen (15) days written notice before any change or cancellation of the policy. The insurance policy
cannot waive the insurer‘s liability for failing to give this notice. I will keep the Required Insurance in force until my loan is paid in full or You
release the Collateral. I will give You proof of Required Insurance coverage and payment. If the Collateral is damaged or lost, I will
promptly notify the insurer and You. If I do not make an insurance claim, You may, make the claim for me. You are not required to do that.
LENDER-OBTAINED INSURANCE. If I do not keep Required Insurance coverage, You may, obtain insurance to protect your interest in the
Collateral (’Lender-Obtained Insurance“). You are not required to do that. I agree that:
A. The cost of Lender-Obtained Insurance will become additional debt under the Agreement. Interest will be charged on this cost at the
Contract Rate. (See the INTEREST BEARING LOAN paragraph below for the Contract Rate.) I will be required to pay this cost with
interest when You request payment.
B. You are not required to obtain any particular type or amount of coverage.
C. Lender-Obtained Insurance may not protect my interests.
D. Lender-Obtained insurance may not pay any claim I make.
E. Lender-Obtained Insurance may cost much more than insurance I could obtain on my own.
F. You may release to, or obtain from, third parties any information necessary to monitor the status of Required Insurance.
G. Lender-Obtained Insurance may be purchased from an affiliate of Lender.
H. You or your affiliate may earn a profit by obtaining this insurance, to the extent allowed by applicable law.
I. You have the option, to cancel Lender-Obtained insurance. You can do that at any time.
ASSIGNMENT OF INSURANCE PREMIUMS AND POLICY PROCEEDS. I assign You my rights to the proceeds of Required Insurance or
Lender-Obtained Insurance. I also assign You my rights to premium refunds for Required Insurance, Lender-Obtained Insurance, or
Voluntary Credit Insurance. You may make claims and sign my name to any check, draft, or other papers needed to obtain insurance
payments. You may apply insurance proceeds and premium refunds to my account. I am responsible for any balance after insurance
proceeds and premium refunds are applied.
CORRECTION; RELEASE. I will cooperate with You to correct any clerical errors that were made in the Agreement. I will cooperate with
You to obtain the correct amounts due to others. I will cooperate with You to release all liens upon payment in full.

SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION

Initials ________
N/A ________
N/A
(12-06-20) C.E. Agreement Page 2 (Initials required for physical form)
CANCELLATION. Until I receive my loan proceeds, You may cancel the Agreement for cause. There is cause if You reasonably believe that
there has been a significant adverse change in my qualification for the loan or the security. An example is finding false information in my
credit application. Other examples are loss of my job or a new lien on or sale of Collateral.
SEVERABILITY. The terms of the Agreement apply only to the extent allowed by applicable law. If any part of the Agreement is declared
invalid, the rest of the Agreement remains valid.
NO ASSUMPTION. My obligations under the Agreement may not be assumed without your express written consent.
DEFAULT. I may be in default of the Agreement if one or more of the following happens:
A. I do not timely make a payment.
B. I break any promise I made in the Agreement.
C. Information in my credit application is untrue or incorrect.
D. I do not verify my employment, address, or Required Insurance when You ask in writing.
E. I die, become incompetent, generally fail to pay my debts as they become due, or become the subject of a voluntary or involuntary
bankruptcy proceeding.
F. A judgment, levy, attachment, writ of garnishment, or other similar order is entered against me or the Collateral.
G. The Collateral is seized or impounded or forfeiture proceedings are started against the Collateral.
H. I sell, lease or otherwise impair the Collateral without your written permission.
I. I use the Collateral for an illegal purpose.
GENERAL REMEDIES. If I am in default You have all of the remedies allowed by law and the Agreement. This includes the following:
A. You may require me to immediately pay all amounts I owe under the Agreement. After that, the amounts I owe will accrue interest at
the lesser of the Contract Rate or the maximum allowed by law until paid in full.

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B. You may protect the Collateral if I have not done so. This may include paying taxes, assessments, or other liens, or making repairs.
Amounts You pay will be due immediately. Those amounts will accrue interest at the Contract Rate until I repay You in full for them.

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C. You may require me to bring the Collateral to a place that is reasonably convenient to You and me.

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D. You may take the Collateral by legal process or self-help. You may only do this lawfully and without a breach of the peace. If you
take the Collateral, You will tell me how much I have to pay to get it back. If I don't pay You to get the Collateral back, You can sell it
or take other action allowed by law. You will send me notice at least 10 days before You sell it. My right to get the Collateral back

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ends when You sell it. You can use the money You get from selling it to pay amounts the law allows. And You can use it to reduce
the amount I owe. If any money is left, You will pay it to me. If the money from the sale is not enough to pay all I owe, I must pay
the rest of what I owe You plus interest.
E. You may take possession of personal property left in or on the Collateral. I have the right to get that personal property back.
F. You may cancel any voluntary credit insurance in the event of default. Any premium refund will be credited to my account.
G. You may accept payments marked "Payment in Full“ or similar language without losing any rights under the Agreement.
DELAY IN ENFORCEMENT. If You do not enforce all of your rights every time, You can still enforce them later.
NOTICES. You can mail any notice to me at my last known address in your records. Your duty to give me notice will be satisfied when You
mail it. Notices of an intended sale or transfer of the Collateral, if required, will be reasonable if mailed in this manner at least ten (10) days
before the date of the intended sale or transfer, or such other period of time as is required by law.
SAVINGS CLAUSE. I don't have to pay interest or other amounts that are more than the law allows.

PURCHASE MONEY NOTICE: This notice applies if I use all or a substantial part of the loan proceeds to purchase goods or services if
the seller refers consumers to You or is affiliated with You by common control, contract or business arrangement:
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES
WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE
PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.

SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION

Initials ________
N/A ________
N/A
(12-08-19) C.E. Agreement Page 3 (Initials required for physical form)
Account Number _ _______
8381
INTEREST BEARING LOAN. The amounts due under the Agreement include Principal plus interest computed on the daily unpaid
Principal balance as set forth below.
The cash advance is $ ______________.
15883.80
The annual rate of interest is:
X ________
23.80 % on the unpaid Principal balance
(1) 30% on the unpaid Principal balance that is $3,650.00 or less; (2) 24% on the unpaid Principal balance that is greater than
$3,650.00 through $7,665.00; and (3) 18% on the unpaid Principal balance that is greater than $7,665.00 through $18,250.00.
The interest is computed by applying a single equivalent daily rate under the Texas Finance Code. This interest rate may not be the
same as the Annual Percentage Rate. You figure the Finance Charge by applying the true daily earnings method as defined by the
Texas Finance Code to the unpaid portion of the cash advance. You base the Finance Charge and Total of Payments as if I will
make each payment on the day it is due. You will apply payments on the date they are received. This may result in a different
Finance Charge or Total of Payments. My final payment may be larger or smaller than my regular payment.
This interest rate is the "Contract Rate".
All payments will be applied in the following order: (a) other charges provided for in this Agreement or otherwise allowed by law, and
late charges; (b) interest accrued to the date the payment is received and applied by Lender; and (c) if there is any remainder of the
payment, the unpaid Principal balance. Interest on my loan accrues daily on the unpaid Principal balance. If I pay early, more of my
payment will be applied to the unpaid Principal balance. If I pay late or miss payments, more of my payment will be applied to
interest. This will delay my Principal reduction and cost me more in interest.
INTEREST AFTER MATURITY. If I don't pay all I owe when the final payment becomes due, I will pay interest on the amount that is
still unpaid. That interest will be the higher rate of 18% per year or the maximum rate allowed by law. That interest will begin the day
after the final payment becomes due. This applies whether my final payment is due at the end of the originally scheduled term or

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earlier because of acceleration.
PRINCIPAL. Principal is the total of the Amount Financed plus any Prepaid Finance Charges that I have financed. Principal does not

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include late charges or returned check charges. The amount of Principal is $ ______________.
15883.80
PREPAYMENT. I may prepay all or any part of my loan at any time. The Prepaid Finance Charges, including the Administrative Fee,

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are fully earned on the Date of Loan. They are not refundable unless refund is required by applicable law.
ADMINISTRATIVE FEE. I agree to pay the Administrative Fee shown under Prepaid Finance Charges.

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LATE CHARGE. If I don't pay all of the payment within 10 days after it is due, you can charge me a late charge. The late charge will
be 5% of the scheduled payment.
RETURNED CHECK CHARGE. If my check or other instrument given to You is returned unpaid for any reason, I agree to pay a
returned check charge of $______
30.00 or such greater amount as allowed by applicable law. No finance charges will be imposed on this
charge. I agree that you may present my check to a bank more than one time.
DEFAULT COSTS. If I default, I agree to pay your court costs and any attorneys‘ fees assessed by the court. I also agree to pay the
reasonable costs You spend to repossess, store, prepare for sale, or sell any Collateral, as allowed by applicable law.
FILING FEES. I agree to pay the fee or fees shown on the Itemization of Amount Financed for filing, recording, or releasing your lien
on the Collateral.
GOVERNING LAW. This Agreement shall be governed by the laws of the State of Texas and federal law.
For Loans with New Mexico branches, the following applies if the loan amount is $5,000 or less.
RIGHT TO CANCEL. I may cancel this loan by returning to you in cash or certified funds all of the amount advanced to me by no
later than the close of business New Mexico time or if I took this loan online, no later than midnight New Mexico time, of the first
business day after the date of the loan. If I cancel, you will return to me any fee that you collected.

SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION

Initials ________
N/A ________
N/A
(10-10-21) C.E. Agreement Page 4 (Initials required for physical form)
C. ARBITRATION AGREEMENT
PLEASE READ THIS ARBITRATION AGREEMENT SECTION CAREFULLY. It provides that disputes may be resolved
by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class
action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are more
limited than in court.
ADDITIONAL ARBITRATION AGREEMENT DEFINITIONS. The below additional definitions apply to this Arbitration Agreement:
’Account“ means the account related to the Loan.
’Administrator“ means the organization that administers arbitration between any of Us.
’Arbitration Agreement“ means this Section C of the Loan Agreement.
’Claim“ means any claim, dispute or controversy between You and I.
’FAA“ means the Federal Arbitration Act.
"I", "me" and ’my“ mean a person who signs the Loan Agreement as a borrower, co-signer or non-obligor.
’Loan“ means the loan described in the Loan Agreement.
"Us" or ’We“ means You and I.
’You" and ’your“ mean the lender named in the Loan Agreement and its past, present, and future subsidiaries, affiliates, successors and
assigns.
WHAT CLAIMS ARE COVERED? You or I may arbitrate any Claim covered by this Arbitration Agreement without the other‘s consent. Any
Claim (whether based on contract; tort; federal, state or local statute or rule; common law; or any other basis) arising out of or related to the
Agreement, Loan or Account or your and my relationship may be arbitrated. Except as provided below under ’WHAT CLAIMS ARE NOT
COVERED?,“ this includes a Claim arising out of or related to:

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” the Account, the Loan, and any related loan made or serviced by You;
” the Agreement, any other Loan document related to the Loan or a related loan made or serviced by You;

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” any promotions, advertising, negotiations, closing, servicing, collections and enforcement activity;

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” whether the Agreement, any other Loan document or this Arbitration Agreement is valid or can be enforced;
” whether the Claim is subject to arbitration;

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” any act or omission by any of Us;
” damages, attorneys‘ fees, rescission, an injunction, declaratory relief, equitable relief, or any other relief; or
” claims made by or against any person or entity connected with or making a claim through You or me. This includes an, heir, executor,
representative, officer, director, employee, agent, servicer or insurer.
WHAT CLAIMS ARE NOT COVERED? The right to use legal self-help or garnishment, repossession or replevin is not subject to arbitration.
You won't initiate arbitration to collect a debt from me. But, if your collection case asks for an amount of money that is more than a small
claims court‘s (or similar court‘s) jurisdictional limit (including attorneys‘ fees and costs), I may choose to use arbitration for that. A Claim
filed in a small claims court (or similar court) is not subject to arbitration if it stays in that court and makes only an individual Claim. You or I
may choose to have any counterclaim, cross-claim, third-party claim or other Claim resolved in arbitration. This does not apply to any such
Claim that is not covered because of the small claims provision above. The arbitrator is not allowed to conduct arbitration on a class-wide
basis. The arbitrator is not allowed to consolidate arbitration demands. The arbitrator may award relief only on an individual basis. I will
not make a Claim as part of a class action or other representative action. Claims of two or more persons may not be combined in the same
arbitration. However, borrowers, co-signers and non-obligors on the Account and/or on related loans or accounts are here considered as one
person. So are You and your officers, directors, employees, agents, servicers, insurers and representatives. An arbitrator won't decide
whether this paragraph is valid or enforceable. A court will decide that.
HOW DOES ARBITRATION WORK? The American Arbitration Association (’AAA“) will administer the arbitration under its rules and
procedures that apply. I can get a copy of them at www.adr.org/consumer. I can also get them by calling 800-778-7879. If the AAA can't or
will not administer the arbitration, JAMS will administer it under its rules and procedures that apply. I can get a copy of them at
www.jamsadr.com. I can also get them by calling 800-352-5267. If AAA or JAMS can't or won't conduct the arbitration, Claims will still be
arbitrated. A court will appoint a substitute per the FAA.
AAA (or JAMS) has a list of approved arbitrators. AAA (or JAMS) will provide Us with a list of seven possible arbitrators. Each arbitrator
must be a licensed attorney or retired judge. The arbitrator must have been in good standing with the bar for at least 10 years. I may strike
three of them. You may strike three of them. I will make the first strike. You will make the second strike. We will alternate strikes after
that. After the last strike, the remaining person will be the arbitrator.
You or I may choose to have a hearing. You or I may appear at any hearing by phone. You or I may be represented by counsel. A hearing
in person will be in the county where I live.
You or I may request arbitration at any time. This applies even if a lawsuit is pending. However, it does not apply if a trial has begun or a
final judgment has been entered. None of Us waives the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or
discovery in a court case.
The arbitrator will follow the rules that apply. Those rules may limit the discovery available to me.
The arbitrator will apply applicable law consistent with the FAA, the Federal Rules of Evidence and applicable statute of limitations. The
arbitrator will honor claims of privilege recognized at law.
The arbitrator may award damages, attorneys‘ fees or other relief under applicable law. The arbitrator‘s findings, reasoning, decision and
award will be written. An arbitration award will decide the rights and obligations of only the parties in the arbitration. An arbitration award
won't apply to any other person or dispute.
WHO PAYS FOR ARBITRATION FEES? You will pay my share of the arbitration fee for Claims of $75,000 or less if they do not relate to
debt collection. Otherwise, arbitration fees will be divided based on the rules that apply to the arbitration. If You prevail, You may not recover
your arbitration fees unless the arbitrator decides my Claim was frivolous. Each party is responsible for its own attorney‘s fees, expert fees
and any other expenses, unless the arbitrator decides differently based on applicable law.
THIS AGREEMENT IS SUBJECT TO THE FEDERAL ARBITRATION ACT.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
Initials ________
N/A ________
N/A
(12-08-19) C.E. Agreement Page 5 (Initials required for physical form)
WHEN IS THE AWARD FINAL? The arbitrator‘s award is final except as follows. If the amount of the award is $0 or is more than $100,000,
or if the award includes injunctive relief or a declaratory judgment, each of Us can appeal the entire award. That appeal will be to a panel of
three arbitrators. That appeal will be administered by the Administrator. If the award can't be appealed to the panel, it is final except either
of Us may appeal it per the FAA. The panel will consider all factual and legal issues anew. The panel will follow the same rules that apply to
a proceeding using one arbitrator. The panel‘s decision will be by majority vote. The costs of the appeal will be borne by the appealing party
regardless of the outcome of the appeal. The panel‘s award is final except each of Us may appeal it per the FAA. A final award can be
reviewed by a court as provided by law. A final award is subject to enforcement as provided by law.
OTHER IMPORTANT TERMS. This Arbitration Agreement is governed by the FAA. State arbitration laws and procedures do not apply. This
Arbitration Agreement will be interpreted in the broadest way the law will allow it to be enforced. If any term of this Arbitration Agreement is
not enforceable, the other terms are enforceable as allowed by law. However, if any term that prohibits class or representative actions in
arbitration or combining Claims in arbitration is not enforceable, none of this Arbitration Agreement is enforceable. This Arbitration
Agreement will apply even if the Account or Loan has been cancelled, modified, sold, assigned, transferred, refinanced, paid in full or
charged off. This Arbitration Agreement will apply even if the Account or Loan has been discharged or modified in bankruptcy. This
Arbitration Agreement may not be changed or waived except in writing between You and me.
READ THIS ARBITRATION AGREEMENT BEFORE SIGNING THE LOAN AGREEMENT. THIS ARBITRATION
AGREEMENT LIMITS THE BORROWER‘S, ANY CO-SIGNER'S AND ANY NON-OBLIGOR‘S RIGHTS. BY SIGNING THE
LOAN AGREEMENT, THE BORROWER, ANY CO-SIGNER AND ANY NON-OBLIGOR AGREE TO THE TERMS OF THIS
ARBITRATION AGREEMENT.
D. ENTIRE AGREEMENT/NOTICES/SIGNATURE
COPY OF AGREEMENT. I have received a complete copy of all of the documents that are part of the Agreement on or before the Date of
Loan.
ENTIRE AGREEMENT. The Agreement is the entire final agreement between You and me and may not be changed by prior,
current, or future oral agreements between You and me. There are no oral agreements between You and me relating to the

Y
Agreement. Any change to the Agreement must be in writing. Both You and I have to sign written agreements.

P
QUESTIONS AND COMPLAINTS. For questions or complaints about this loan, contact:
OneMain Financial Group, LLC (DE)

O
at (800) 742-5465. The lender is licensed and examined under Texas law by the Office of Consumer Credit Commissioner (OCCC), a state
agency. If a complaint or question cannot be resolved by contacting the lender, consumers can contact the OCCC to file a complaint or ask a
general credit-related question. OCCC address: 2601 N. Lamar Blvd., Austin, Texas 78705. Phone: (800) 538-1579. Fax: (512) 936-7610.

C
Website: occc.texas.gov. E-mail: consumer.complaints@occc.texas.gov.
Consent to be Contacted by Telephone. I expressly consent and agree that Lender may contact me at any telephone number that I
provide Lender now or in the future, including a number for a cellular phone or other wireless device and a number that I later convert to a
cellular phone or other wireless device. I understand that this consent means that I agree to receive voice calls using automatic telephone
dialing systems, prerecorded or artificial voice messages and text messages by or on behalf of Lender for transactional purposes, such as
the collection and servicing of my loan account with Lender.

I have read and agree to the terms of this Agreement. Recibi el contrato en espa§ol.
I received the contract in Spanish.

x ______________________________________________
N/A x______________________________________________________
\#APSG E-SIGNED by FRANK MITCHELL
on 2022-02-16 19:25:40 GMT L.S.
Witness Borrower FRANK J MITCHELL
x ______________________________________________
N/A x______________________________________________________ L.S.
Witness Co-Borrower
x ______________________________________________ L.S. x______________________________________________________ L.S.
Co-Signer Co-Signer
Print Name: ____________________________________ Print Name: ____________________________________________

SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION

(10-08-17) C.E. Agreement Page 6
NOTE ALLONGE

This endorsement is incorporated into and shall be deemed part of the Note
to which it is attached.

*Loan Number: 8381
*As of the date of this Note Allonge

Borrower Name(s): FRANK J MITCHELL

Date of Loan: 2/16/2022

Total of Payments: $26,783.53

Pay to the order of:

Wilmington Trust, N.A., as Issuer Loan Trustee for OneMain Financial Issuance
Trust 2019‐A

Without recourse:

OneMain Financial Group, LLC (DE)

Chris Halvorson
By: _________________________________________________________
(Please print name)
Digitally signed by
Chris Halvorson Chris Halvorson
VICE PRESIDENT
Signature/Title
Report: AA0915P Account Transaction Search Results Page: 1
Run By: H2219993 4/04/2024 8:59:57

Branch: 3271 Account: 8381 Borrower: MITCHELL, FRANK J
Trans Types: Regular

Tot Pmt Int/Chgs Prin Balance T Date A Pd To Comments Pay Csr Brnch Date Time
RENEWED FROM LNS ACCT 5383 02/16/22 13:18:38
Direct Pay - Add 8381 04/01/22 C AGB 5303 02/16/22 13:18:40
**** F02/16/2 DIRECT PAY ADD AGB 5303 02/16/22 13:18:40
**** F04/01/2 DP EFF 04/01/22 AGB 5303 02/16/22 13:18:40
**** F04/01/2 DP TYPE 3 AGB 5303 02/16/22 13:18:40
**** F04/01/2 DP AMT 467.72 AGB 5303 02/16/22 13:18:40
**** F02/16/2 E-SIGNATURE CONF JAW 5303 02/16/22 14:53:04
591.21 445

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Apffel, D. Blake Track Judge’s New Case

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Document Filed Date

April 23, 2024

Case Filing Date

April 23, 2024

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Complaint,Petition: Onemain Financial Group, Llc, As Servicer For ("asf") Wilmington Trust, N.a., As Issuer Loan Trustee For Onemain Financial Issuance Trust 2019-a vs. Frank Mitchell

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