Complaint,Petition: ONEMAIN FINANCIAL GROUP, LLC VS ARIA V MCNEIL

On May 08, 2024 a Complaint,Petition was filed involving a dispute between Onemain Financial Group, Llc, and Mcneil, Aria V, for General Civil Action in the District Court of Durham County.

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24CV003666-310

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
COUNTY OF DURHAM
ONEMAIN FINANCIAL GROUP, LLC, Case No.

Plaintiff,
v COMPLAINT
ARIA V MCNEIL,
Defendant.

Comes now the Plaintiff, ONEMAIN FINANCIAL GROUP, LLC by counsel, and complains of
the Defendant, Aria V Mcneil, and for its cause of action, alleges and says:
1. That at all times herein, Plaintiff is a foreign corporation authorized to collect a debt

in the State of North Carolina pursuant to North Carolina Statute § 55-15-01 (b)(1).

2. That the Defendant is a resident of DURHAM County and is therefore subject to the

jurisdiction and venue of this Court.
3. That on or about July 23, 2021, Defendant executed a Note to Onemain Financial

Group, LLC, whereby Defendant financed a certain sum of money plus interest and other costs
pursuant to the Note. See Exhibit A.
4. The Defendant has defaulted upon the scheduled payments due resulting in the Plaintiff

declaring a default. Plaintiff claims the following amounts due and owing: principal balance of $5,510.31
as of February 28, 2024, interest in the sum of $823.49 (interest is no longer accruing).
WHEREFORE, Plaintiff demands judgment against the Defendant, Aria V Mcneil, in the sum of
$5,510.31, interest in the sum of $823.49 and costs of this action, without relief from valuation and

appraisement statutes.

Respectfully submitted this 6
day of May, 2024.

BLEECKER BRODEY & ANDREWS

By:
hrist er eeson, NC. Bar No. 41475
Jarrvd artin. NC. Bar No. 60580
Attomeys for Plaintiff
9247 N Meridian Street, STE 101
Indianapolis, IN 46260
(888) 574-0700
THIS IS AN ATTEMPT TO COLLECT A DEBT, THE COMMUNICATION IS FROM A DEBT COLLECTOR AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

* H
Electronically Filed Date: 5/8/2024 6:34 AM Durham District Court County Clerk Of Superior Court
EXHIBIT A
LOAN AGREEMENT AND DISCLOSURE STATEMENT OneMain Financial.
DATE 07/23/21 ACCOUNT NUMBER TYPE OF LOAN (Alpha) DATE FINANCE CHARGE BEGINS TO ACCRUE
07/23/21
LENDER/SECURED PARTY NAME AND ADDRESS ("Lender") BORROWER(S) NAME AND ADDRESS ("I","We")
ONEMAIN FINANCIAL GROUP, LLC ARIA V MCNEIL
601 ST
NW 2ND ANNETTE E MCNEIL
EVANSVILLE, IN 47708-1013 888-265-1958 3010 MONETA WAY APT 202
DURHAM, NC 27703

| have carefully read this entire Loan Agreement And Disclosure Statement and all related documents which include the Optional Products
Disclosure Summary, Truth In Lending Insurance Disclosure and, if applicable, Personal Property Appraisal! Form and GAP Waiver
Addendum, all of which collectively constitute the "Agreement." This Loan Agreement and Disclosure Statement is divided into four sections:
A. Truth In Lending Disclosures; B. Loan Terms And Conditions; C. Arbitration Agreement And Waiver Of Jury Trial and D. Entire
Agreement/Notices/Signature. If had any questions, asked them before signed these documents. By signing, indicate my agreement
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to the statements, promises, terms, and conditions 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 will have paid after have |

The cost of my credit as a yearly rate. cost me. or on my behalf. made all payments as scheduled.
28.12% $ 6979.24 $ 7976.11 $ 14955.35
My Payment Schedule will be: Number of Payments Amount of Payments When Payments Are Due
1 $ 267.30 08/26/21
59 $ 248.95 monthly beginning 09/26/21
LATE CHARGE: Ifany payment is not paid in full within days after its due date, will be charged
| % of the amount of the payment,
but not more than or less than

[X] If any payment is not paid in full within 10 days after its due date, will be charged $ |
15.00 if the entire scheduled payment ¢xceeds
$0 or $N/A if the entire scheduled payment is $ 0 or less.
PREPAYMENT: If I
pay off early: I may [X] | will not have to pay a penalty rt of al 's principa\balance
[] Imay [X] | will not get a refund{or credit of part of the finance ar ge fo prepayment in | wi
receive a refund or credit for a jal prepayment.

SECURITY: | am giving Lender a security interget'in: [X] Unsecured Motor Vehicles Other Ca\lateral

Year]. Make Mode \VIN/Serial Ng.

See jfe remainder of \his"Agreement for any qdditional information abgut nonpayment,\default, any-+eaifed repayment in full before the sdheduled Wate, and
prepfyment refunds and penalties, if a
1 1

\.ITEMIZATION OF OUNT FINANCED
Amounts paid to others on my behalf
1 280.77 gle ife P um Paid LIF INSURANCE COMPANY *
2 911.15 gle Disability Paid ILITY INSURANCE COMPANY *
3. $ 784.1 IpfI Premi Paid To INVOLUNTARY UNEMPLOYMENT INS. Co. *
4. $N Paid To
$NONE Paid To
6. NONE Paid To
7. $ Paid To
8.. $NONE Paid To
9. $NONE Paid To
10. SNONE Paid To
11. $ Paid To
12. $ Paid To * Lender may retain a
13. $ Paid To portion of these
14. $ Paid To amounts.
15. $ Paid To
16. $ Paid To
17. $ Paid To
18. $ Paid To
19. $ Paid To
20. $ Paid To
21. $NONE Amount Paid on Prior Account with Lender
Amounts Paid to me
22. $ 6000.00 Paid To ARIA V MCNEIL
23. $ Paid To
24. $ Paid To
25. $ Paid To
26. $ Paid To
27. $ Paid To
$ 7976.11 Amount Financed (Sum of lines 27) 1
-

$ 46.00 Prepaid Finance Charges (itemized below)
PREPAID FINANCE CHARGES
1.$ 40.00 Processing Fee Paid To LENDER
2. $ 3.00 Life Ins Origination Fee Paid To LENDER
3. $ 3.00 Disability Ins Origination Fee Paid To LENDER
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, acknowledge receipt of a copy of this Federal Disclosure Statement.
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E-SIGNED by ARIA MCNEIL E-SIGNED by ANNETTE MCNEIL
on 2021-07-23 20:11:52 GMT on 2021-07-23 20:48:59 GMT

Borrower Co-Borrower
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
UXAAB?1 (05-09-21) C.E. Agreement Page 1
B. LOAN TERMS AND CONDITIONS
DATE OF LOAN. 07/23/21 (the date the Finance Charge is scheduled to begin to accrue).
CONTRACT RATE. 27.83% per year, which is the agreed interest rate.
PROMISE TO PAY. For value received, promise to pay to the order of the Lender all amounts due under this Agreement in accordance
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with the Payment Schedule set forth in the TRUTH IN LENDING DISCLOSURES, and with all other terms of this Agreement, at Lender's
address set forth this Agreement, unless otherwise notified, until paid in full.
in
SECURITY INTEREST. To secure all amounts due or which become due under this Agreement and my performance of all other terms of
this Agreement, hereby grant Lender a security interest under the Uniform Commercial Code or other applicable law in: (a) the property
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identified in the "Security" disclosure of the TRUTH IN LENDING DISCLOSURES, including a purchase money security interest if property is
being purchased with the proceeds hereof; (b) any substitutions or replacements of that property; and (c) the proceeds and products of that
property ((a), (b), and (c) collectively referred to as the "Collateral"). also hereby grant Lender a security interest in any unearned premiums
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from any credit insurance have elected and purchased through Lender in connection with this transaction and any Required Insurance
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which protects the Collateral. Lender's security interest shall remain in effect, and subject to any modifications, renewals, extensions, and
future advances thereof, until have paid in full all amounts due under this Agreement. Notwithstanding any other provision of this
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Agreement, Lender is not granted, and will not have, a non-purchase money security interest in household goods, to the extent such a
security interest would be prohibited by applicable law. authorize Lender to sign and file financing statements covering the Collateral
without my signature. authorize Lender to file a copy of this Agreement as a financing statement when appropriate. Unless prohibited by
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law agree to pay the recording costs of your filing a financing statement, continuation statement and for releasing the security interest upon
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my payment in full.
JOINT BORROWERS. If more than one Borrower is named above, all Borrowers agree that we are jointly and severally liable and that
Lender may enforce this Agreement against all or any of us, but not in a combined amount exceeding the amount due.
Each of us under this Agreement, if more than one, agrees that Lender may obtain approval from one Borrower to change the repayment
terms and release any Collateral securing the loan, or add parties to or release parties from this agreement, without notice to any other
Borrower and without releasing any other Borrower from his responsibilities. Except as otherwise required by law, Lender does not have to
notify Borrower before instituting suit against another Borrower if the note is not paid, and Lender can sue any or all Borrowers upon the
default by any Borrower.
CO-MAKERS (also referred to as CO-SIGNER(S)}._ If am signing this Agreement as a Co-Maker,
| understand that a
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equayy |

responsible with the Borrower(s). agree that Lender may pursue me or any Co-Maker if this Agreemeptis
| 5 ault. Unless gequired y
law, Lender will not notify me if: (a) this loan is in default; (b) Lender agrees to accept different paym t terms; \c) Lender rgleases Aany
security interest; or (d) Lender releases any Borrower(s) or Co-Maker(s).
AUTHORIZATION TO USE CREDIT REPORT. By signing this Agreetnent, authorize Lender to\obtain, Neview aid use inforf=hation
contained in my credit report in order to Fmine whé may qualify for paid roaguss andsrvices rketed Lende This
authorization terminates when my outstafding balance due und&@xthis Agrdement i$ paid in full. may c ncel such authorization at Any time
by writin ing: OneMain, PZ. Box 70914-Charlotte. NA28272-0911
\
order to prgc ess request, Le er must be/ provided
my name addresssand account Aumber.
LUNTARY CREDIT INSURANCE. As ysed in this AgreeNent, tha term credit Orance" includeg credit life insurance, credi disability
nsuran credit wWvoluntar une ploymdnt insurance, and dredit prgperty\insurance. An affi gté of the Lender may Hrovide the credit
insur that volu| select. acknofledge that Lender ahd/or its\affiliates may
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purchase of voluntary dredit ingurance
REQUIRED INSURANCE. am required to maintain insurahce in types, amount, terms and deductible levels acceptable tq Lender
("Required Insurance"). The Req ired Ingurance must keep the Collateral i\sured against hazards for which Lender reqiires ingurance
Such coverage includes, but is no limited Yo, loss by theft, vandalisn{, collision, fire\and any other risks of loss that woule-eittfér impair
Lender's interest in the Collateral ox adversely affect the vate of thé Collatdyal. Have the option of providing the Required Insurance
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through an existing pol[&y-otinsuranse owned*ar controllee'by me, gr through policy obtained and paid for by me. may purchase this
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Required Insurance thfugh ary insuréx, insurance agent, or brokef of my choite-tratis acceptable to Lender. Lender may not decline to
accept any insurance/provided by me uniess it is for reasonable'cause. Examples of reasonable cause include, but are not limited to, the
ancial Csndition-ef the ins rer and the am overage chosen. My choice of insurer will not otherwise affect Lender's credit
d ision or my credit term The types, amounts, and deductible levels that Lender requires under this Agreement may change during the
term*a{ the Agreemen equired Insurance must: (a) include a lender's loss payable provision; (b) name Lender, its successors and/or
assigns, ee; (c) provide that such insurance will not be canceled or modified without at least fifteen (15) days prior written notice
to the loss payee; and (d) not include any disclaimer of the insurer's liability for failure to give such notice. shall promptly give to Lender
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satisfactory proof (in Lender's reasonable estimation) of all Required Insurance and all receipts of paid premiums and renewal notices.
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agree to keep my Required Insurance in force until all amounts that owe Lender under this Agreement or the security instrument are paid
in full, my account is terminated, and Lender releases or discharges its security interest. In case of damage to or loss of the Collateral,
agree to give prompt notice to Lender and the insurance carrier. If fail to promptly notify or make proof of loss to the insurance carrier,
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Lender may (but is not required to) do so on my behalf.
If do not keep Required Insurance under this Agreement in force at all times Lender may, but is not required to, in Lender's sole discretion,
and at my expense, obtain insurance coverage to protect Lender's interest in the Collateral. understand and agree that:
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A. Lender is under no obligation to obtain any particular type or amount of coverage.
B . Lender-obtained insurance may, but need not, protect my interests.
C. Lender-obtained insurance may, but need not, pay any claim make. |

D . the cost of Lender-obtained insurance may be much more than the cost of insurance could have obtained on my own.
E . any amounts disbursed by Lender under this Section to obtain insurance shall become additional debt of mine under this Agreement,
secured by this Agreement or the Security Instrument. This additional debt will bear interest at the Contract Rate from the date of
placement and will be payable, with such interest, upon notice from Lender to me requesting payment.
F. am hereby authorizing Lender to release to, or obtain from, third parties any information necessary to monitor the status of Required
Insurance.
Lender-obtained insurance may be purchased from an affiliate of Lender.
H . Lender, or its affiliate, may earn a profit by obtaining this insurance, to the extent permitted by applicable law.
Lender may, at any time and at its sole option, cancel Lender-obtained insurance.
Lender has a security interest in any unearned premiums from such insurance;
1. am hereby absolutely assigning to Lender any rights may have to unearned Lender-obtained insurance premiums; and
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2. |am hereby authorizing and appointing Lender to be my attorney-in-fact for the purpose of cancelling the Lender-obtained
insurance and applying the unearned premiums to reduce the account balance upon cancellation of said insurance.
ASSIGNMENT OF UNEARNED INSURANCE PREMIUMS AND POLICY PROCEEDS. Where allowed by law, hereby absolutely assign to
Lender my rights to any Required Insurance proceeds, and any unearned Required Insurance or credit insurance premium refunds, and any
other rights under policies covering the Collateral up to, but not in excess of the Total Balance due under this Agreement or security
instrument. agree that Lender may use any insurance proceeds, and any unearned Required Insurance or credit insurance premium
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refunds, to reduce the amounts that owe under this Agreement or the security instrument, whether or not they are due. authorize Lender to
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adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments. If insurance
proceeds or unearned premium refunds paid to Lender do not satisfy all amounts that owe Lender under this Agreement or the security
instrument, remain responsible for payment of the balance of any amounts due under this Agreement and the security instrument.
CORRECTION; RELEASE. During the term of this Agreement, agree to cooperate with Lender to: (a) correct any clerical errors that were
made in connection with loan documents; (b) obtain the correct amounts due to others; and (c) release, or cause to be released, all liens
upon payment in full.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
Initials N/A N/A
UXAB81 (12-06-20) C.E. Agreement Page 2 (Initials required for physical form)
CANCELLATION. Prior to the distribution of loan proceeds, Lender may withdraw its approval of or commitment to make this loan if Lender
reasonably believes that: (a) there are material omissions or misrepresentations in connection with my credit application; (b) there is a
material, adverse change in my creditworthiness; (c) there are additional liens on the right, title, or interest of any Collateral to be used for
this loan; or (d) a sale or transfer of any right, title or interest in any Collateral to be used for this loan has or will occur that is not agreed to
by Lender.
SEVERABILITY. Other than the class action waiver described in subsection G of section C. ARBITRATION AGREEMENT AND WAIVER
OF JURY TRIAL, the fact that any provision of this Agreement may prove invalid or unenforceable under any law, rule, or regulation of any
federal, state, or local court or governmental entity shall not affect the validity or enforceability of the remaining provisions of this Agreement.
NO ASSUMPTION. This Agreement shall not be eligible for assumption by any third party without the express written consent of Lender.

DEFAULT. Except as prohibited by law or as limited by other provisions of this Agreement, Lender may consider you to be in default of this
Agreement if any one or more of the following occurs:
A. fail to make any payment, including, but not limited to the Total Amount Due, under this Agreement within 30 days of the payment
due date.
B. have agreed to do in this Agreement.
fail to do anything else |

C. Any statement or representation made in my credit application is untrue or incorrect.
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D. fail to provide Lender with proof of residence or Required Insurance within ten (10) business days after Lender's written request for
this information.
E. |
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. Any judgment, levy, attachment, writ of garnishment, or other similar order is entered against me or the Collateral.
G. Any police or governmental agency seizes or impounds the Collateral or starts forfeiture proceedings against the Collateral.
H. sell, lease or otherwise encumber or dispose of the Collateral without Lender's written permission.
(For Kansas residents only: Lender believes the foregoing events B. through J. ificantlyNmpair tha prospect ¢f paynyent,
performance, or realization of collateral. The burden of establishing the prose ° such significant pairm t isont Lende )
GENERAL REMEDIES. If am in default of this-Agreement, Lender had, subject to anyrequirement§ of notide or righNo gure orSimilar
provisions, all of the remedies permitted b w and this Agreément, includ g :
A Lender ma require me to pa Lender im iately subj to an rebat s required b law te
remaining npaid bala e of the
mount Fina?sed, finance charges, anedall other @gceed chakges. These arhounts will atcrue inferest from the dete am fequired to |

pay Lender at theXgontract Rate or IlgSser rate as reqired by applicable law, Untilpaidin full
pay tax s, ass ssmen orotherliens or aker airs the Collateralif hav notdoneso butLen er is n required
do fs yment y Lend r, these amounts be d im ediately and crue finance charges at t e Con act Rate
from the date paid until repBid in fu l to Lender
t
Lender may require me to make e Collateral availab e to Le der aa plac Lender designates that is reasona y conv nient to
Lender and me
Lender may immediately imrhobilize, Yisable, or take pSssessigh of the Pollater&l by legal process or self help, but in doing so Lender
may not breach eor lawfullySeoter onto premisg¢s. Lender\may then sell the Collateral and apply what Lender receives
as provided by Jaw, to ender's 'actual and réasdnable expepSes before alLotheramounts due hereunder
cept when ptohibited by law, ax_responsible for anyGeficiency if the proceeds from the sale of the Collateral do not cover what
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Lenger may sue me forthose-aditional amounts
Lender has the right, but not the obligation, to cancel or request termination of any voluntary credit insurance in the event of default
hereby-appoint Lender as my attorney-in-fact to cancel any such insurance in the event of default, subject to any applicable
restric ons under state law. Return of any unearned premium as a result of such request for termination or cancellation will be
credited to my loan account.
G. Lender may accept late payments or partial payments even though marked "Payment in Full" (or similar language) without losing any
of its rights under this Agreement, to the extent permitted by law.
By choosing any one or more of these remedies, Lender does not waive its right later to elect another remedy. By deciding not to use any
remedy, Lender does not give up its right to consider it an event of default if it happens again. Lender's rights hereunder are cumulative, not
exclusive.
agree that, if any notice is required to be given to me of an intended sale or transfer of the Collateral, notice is reasonable if mailed to my
last known address, as reflected in Lender's records, 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.
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agree that, subject to my right to recover such property, Lender may take possession of personal property left in or on the Collateral taken
into possession as provided above.

DELAY IN ENFORCEMENT. Lender may delay enforcing any of its rights under this Agreement without losing them.
NOTICES. If required by law, Lender will provide me with notices under this Agreement which, if mailed, shall be sent to my last known
address as reflected in Lender's records, including, but not limited to, notices of default, right to cure, and purchase of Required Insurance.
WAIVER. Unless law or this Agreement provide otherwise, hereby waive presentment, notice and protest, and all other demands and
notices in connection with the delivery, acceptance, performance, default or endorsement of this Agreement and all suretyship defenses
generally to the extent permitted by applicable law.
SAVINGS CLAUSE. All agreements between me and Lender are expressly limited so that any interest, finance charges, loan charges, or
other fees collected or to be collected from me or any person executing this Agreement shall not exceed, in the aggregate, the highest
amount allowed by applicable law. If a law that applies to this Agreement and my loan is finally interpreted so that the interest, finance
charges, loan charges, or other fees collected, or to be collected, in connection with this loan exceed the permitted limits, then: (a) any such
interest, finance charges, loan charges, or other fees shall be reduced to the permitted limit; and (b) any sums already collected from me
that exceeded permitted limits will be refunded. Lender may choose to make this refund by reducing the remaining unpaid balance that |

owe under this Agreement or making a direct payment to me. To the extent permitted by law, my acceptance of any such refund shall
constitute a waiver of any right of action might have arising out of such overcharge.
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The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods or services from
a seller who either refers consumers to the Lender or who is affiliated with the Lender 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
UXAC81 (12-08-19) C.E. Agreement Page 3 (Initials required for physical form)
Account Number
INTEREST BEARING LOAN. agree to pay to the order of Lender, Principal, plus interest ("finance charges") on the daily unpaid Principal
balance computed at the Contract Rate, in the amounts and on or before the dates set forth in the Payment Schedule, plus all other fees,
charges, and other amounts due under this Agreement, at Lender's address set forth in this Agreement, unless otherwise notified, until paid
in full. 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 pay early, more of my
payment will be applied to the unpaid Principal balance. If! 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. The Payment Schedule assumes that will make each payment on the day it
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is due; therefore, my final payment will be adjusted as appropriate to reflect any variation in the actual dates my payments are received by
Lender. If any unpaid amounts remain due to Lender after my final scheduled payment due date, agree to pay interest on these unpaid
amounts,computed at 8.0000 % per year, until paid in full, to the extent permitted by applicable law.
PRINCIPAL. Total Principal is $ 8022.11.
PREPAYMENT. |
may prepay all or any part of my loan at any time without penalty. The Prepaid Finance Charges are deemed by the
parties to be fully earned on the Date of Loan and are not refundable, to the extent permitted by applicable law.
LATE CHARGE. agree to pay any late charge described in the TRUTH IN LENDING DISCLOSURES herein.
DISHONORED CHECK CHARGE. If my check or other instrument given to Lender is returned unpaid because of insufficient funds or
because the drawer did not have an account at the bank at the time present the check to Lender, agree to pay a dishonored check charge
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of $35.00, to the extent permitted by applicable law.

DEFAULT COSTS. In the event of default, agree to pay Lender's (a) court costs and (b) costs to realize on any security interest, each if
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and to the extent pel mitted by applicable law.

GOVERNING LAW. This loan is regulated by the provisions of Chapter 53, Article 15 of the North Carolina General Statutes, ¢
preempted by federal law. If am a Virginia resident: This loan is made pursuant to Chapter 15 of Title 6.2 of the Code of Virginia.
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SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION

Initials N/A N/A
NC AD51 (01-01-21) C.E. Agreement (Consumer Finance Act) Page 4 (Initials required for physical form)
C. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
DESCRIPTION OF ARBITRATION. Arbitration is method of resolving claims and disputes between parties without having to file a lawsuit
a

in court. It is a process in which both sides present their case to a neutral third person--the arbitrator--instead of a judge or jury, to resolve
the dispute. UNDER THIS AGREEMENT, BOTH LENDER AND ARE VOLUNTARILY WAIVING ANY RIGHT TO A JURY TRIAL OR
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JUDGE TRIAL OF ALL CLAIMS AND DISPUTES COVERED BY THIS ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
("this Arbitration Agreement") TO THE FULLEST EXTENT PERMITTED BY LAW.
CLAIMS AND DISPUTES COVERED. Except for those claims mentioned below under the heading "MATTERS NOT COVERED BY
ARBITRATION," Lender and agree that either party may elect to resolve all claims and disputes between us ("Covered Claims") by
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BINDING ARBITRATION. This includes, but is not limited to, all claims and disputes arising out of, in connection with, or relating to:
This Agreement with Lender; any previous retail credit agreement ("Retail Contract") assigned to Lender and any previous loan from
or assigned to Lender, whether any of the foregoing may be open-end or closed-end; all documents, promotions, advertising, actions,
or omissions relating to this or any previous loan or Retail Contract made by or assigned to Lender; any insurance product, service
contract, membership plan or warranty purchased in connection with this or any previous loan or Retail Contract made by or
assigned to Lender; any product or service offered to Lender's customers with any assistance or involvement by Lender; whether the
claim or dispute must be arbitrated; the validity and enforceability of this Arbitration Agreement (except as expressly set forth in
subsection G. below) and the Agreement, my understanding of them, or any defenses as to the validity and enforceability of this
Arbitration Agreement and the Agreement; any negotiations between Lender and me; the closing, servicing, collecting, or
enforcement of any transaction covered by this Arbitration Agreement; any allegation of fraud or misrepresentation; any claim based
on or arising under any federal, state, or local law, statute, regulation, ordinance, or rule; any claim based on state or federal property
laws; any claim based on the improper disclosure of any information protected under state or federal consumer privacy laws; any
claim or dispute based on any alleged tort (wrong), including intentional torts; any claim for damages or attorneys' fees; and any
claim for injunctive, declaratory, or equitable relief.
COVERED CLAIMS AGAINST THIRD PARTIES. This Arbitration Agreement also covers any claim or dispute between me and any of
Lender's employees, officers, agents, or directors: any of its affiliate corporations; any entities which provided insurance in connection with
this or any previous transactions between me and Lender; any third parties that assigned Retail Contracts or other agreements to Lender;
any third party that provides me any product or service which purchased with the assistance or involvement of Lender; and any of the
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employees, officers, agents, or directors of such affiliates or third parties. Affiliate corporations are Lender's parent corporations, subsidiary
corporations, and sister corporations. Some of Lender's affiliates are OneMain Consumer Loan, Inc., iLoan, OneMain Home Equity, In
OneMain Financial Services, Inc., Merit Life Insurance Co., and Yosemite Insurance Company. In addition, if Lender becomes a pa In
lawsuit that have with any third party, whether through intervention by Lender or by motion made by me or any_thi rd party allcla s in t at
lawsuit between me and the third party will be subject to binding arbitration under this Arbitration Agreens¢gMt prov edthatthet r pa is
required to agree to resolve such claims by arbitration.
MATTERS NOT COVERED BY ARBITRATION. agree that Lender dogs not have to nitiate arbitration befgre exerchxing la ul se help
remedies or judicial remedies of garnishment, r ion, replevin or\foreclosure, but instead may proceed in cour\for/those judicial
remedies. may assert in court any defense may have f@.gnder's claims in lawsuit\but any\claim or Gqunterclaky for regcission
or damages may have arising out of, atin g to orinconnec n with L der's ercise of th erem ies must arbitrated tead of
pursuing af either Lender or Iso have the-option to bringa lawsuit in court to seek to Jecover fhe monetary\urisdictional/ imit of a
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smalLetaims or equtvalent court in/my state'Tincluding*sosts and attorneys' fees), provided/that no/ relief other thag such récovery is
regtiested in such lawsulk(an Excliided Dafnages Lawsuit"), If an Axcludd Damages Lawsuit is filed, the other party Cannot réquire that
e claimsjn-tha lawsuit Be arbitr¢ted. Arf Excluded Damagas Lawsiit can be brought to recover mgney for myself or Ldnder orily, not for
any cla or groupxof persohs having similar claims. If such aExcluded Damages Lawsuit is file"by me or Lender, and\any paity to that
lawsujf files an am&perient, couhterclaimh, cross-claim, or third-party claithn seeking to-recOver more than my state's\small dlaims or
equi lent court's monetary juris ictiona limit, then that cla m, cou tercl im cr ss-claim or third-party claim must arbi rated in
accofdance with the procedures s forth this Arbitration Agr ement Neith nor ender shall be deemed to have waive any a_itration
right$ by the fact of having exercised any \elf-help or judicial femedieg of gatnishmeht, repossession, replevin or foreclosuge or_by having
filed \n court an Excluded Damages\Lawsuit
ARBITRATION
A A BITRATION F RUM D RUKES. The arbitration will conducted
be' e rules and procedures of the American Arbitration
Association ("AAA") ip effect at the timeXabitration is started d under the rules set forth in this Arbitration Agreement. At my request,
ender a cgpy of the AAAConsumer s ("Rules"). may also obtain a copy of those Rules by calling AAA at
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00-778-7879 or by revi ng AAA's web-site at
1 ht//www.adr.org/consumer. In the event that AAA is either unable, unwilling, or
deemed not appropriate a court to resolve a Covered Claim, or object to the AAA for good cause, then Lender and agree to submit all
disput@és.to Judici itration and Mediation Services, Inc. ("JAMS") for proceedings conducted pursuant to JAMS' Comprehensive
Arbitration Rules If there is a conflict between the rules of the AAA (or JAMS) and this Arbitration Agreement, this Arbitration Agreement will
govern. If both of the designated arbitration forums cannot or will not administer the arbitration and the Lender and cannot reach an |

agreement on a substitute, it remains Lender's and my intent that Covered Claims be arbitrated and that a court appoint an arbitrator
pursuant to 9 U.S.C. § 5. Any court-appointed arbitrator must be an actively-licensed attorney or retired judge who has been in good
standing with the bar for at least ten years.
B. SELECTION OF ARBITRATOR. AAA (or JAMS) maintains lists of approved arbitrators. AAA (or JAMS) will provide Lender and me
each a list of seven possible arbitrators. Lender and will each have an opportunity to strike three persons from that list. will make the first
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strike, and Lender and will alternate in making strikes after that. After the last strike, the remaining person shall then serve as arbitrator.
C. STARTING ARBITRATION. If Lender or elect to arbitrate Covered Claim, the electing party must notify the other party in writing.
a

This notice can be given after the beginning of a lawsuit and can be given by way of a motion or other papers filed in the lawsuit. Otherwise,
my notice must be sent to Lender at the address shown for Lender in this Agreement, unless have received notice of a new address for
Lender. Except as described below, nothing in this Arbitration Agreement shall limit the arbitrator's ability to enforce any of my rights or
impose any remedies available to me under any applicable consumer protection laws or regulations. To start an arbitration, Lender and
agree to follow the rules of the applicable arbitration forum.
D. COSTS OF ARBITRATION. The AAA (or JAMS) charges certain fees in conn

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Complaint,Petition: ONEMAIN FINANCIAL GROUP, LLC VS ARIA V MCNEIL

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