What does this letter mean? Request for Rule 40

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Sub: #1 What does this letter mean? Request for Rule 40
Replied on 02-10-2007, 10:59 AM
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I got this letter today in regards to an account I thought was paid a year or more back:

Quote:
In the National Arbitration Forum
Request for Rule 40 Voluntary Dismissal

Respondent(s),

Please be advised that you and through the undersigned counsel, claimant, Circuit City PL US requests the national arbitration forum voluntarily dismiss account in dispute and sites rule 40 (c).
Respectfully submitted, this 6th day of February 2007.

Signed by Mann Bracken, LLC
What is this letter, what does it mean? What do I do with it?

Thanks!

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Sub: #2
Replied on 02-10-2007, 11:07 AM
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Thoughts won't prove your part. You need to show proof that the account is already paid. Mann Bracken has made the first legal move. Now, the ball is in your court and you have to defend yourself. Do you have free legal aids in your area? You may take advice of an attorney.

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Sub: #3
Replied on 02-10-2007, 11:12 AM
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I know thought means nothing. I know it is my responsibility to prove that. The answer I am looking for does not rely on whether or not this account was or was not paid. I will be spending the next hour or so pulling out my old financial records to find the answer to that.

What my question is and what I am trying to understand is what does this letter mean? Also, am I supposed to respond to it?

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Sub: #4
Replied on 02-10-2007, 11:27 AM
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Under the Federal rules of Civil procedures, Rule 40 deals in general terms with the order in which cases will be scheduled for trial. So, basically, you show up in the court to get a trial date on mutual understanding with the plaintiff.

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Sub: #5 Still confused
Replied on 02-10-2007, 11:58 AM
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This is what I found on the National Arbitration Forum site, but still have no idea what my letter means, and what I am to do now. I posted the complete letter in my original post above, leaving out my personal info. It doesn't say I am supposed to appear in court.



Also, I have handy all my bills since Nov, there is no letter, bill, etc for "Circuit City" or Mann Bracken.

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Current status: Gathering info and sending out DVs

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Sub: #6
Replied on 02-10-2007, 12:55 PM
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I think you should show up in the court and explain your point. I don't know if not showing up will put you in any legal troubles.

Sub: #7
Replied on 02-10-2007, 02:10 PM
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Apparently Mann Bracken filed for arbitration with NAF on behalf of a Circuit City account. For some reason, maybe they figured out you paid it a year ago, Mann Bracken is now requesting NAF to dismiss the arbitration dispute. They are citing rule 40 because the situation falls under that rule. You do not have to respond to this unless you filed counter claims and want to fight the dismissal. You should find your documentation that you paid this account and keep it accessible in case they file again. This letter is nothing to worry about.

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Sub: #8
Replied on 02-10-2007, 02:12 PM
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What texaslawyer said!

Sub: #9
Replied on 02-10-2007, 03:49 PM
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< slides lawyer a ice cold can of *lonestar*....don't complain, it's all i got!



*chuckle*

Sub: #10
Replied on 02-10-2007, 04:37 PM
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I'll take what I can get. I don't charge for advice or handling debt collection harassment cases, so a lonestar is more than I get for most of the work I do.

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Sub: #11 Notice of voluntary dismissal
Replied on 06-07-2008, 09:05 PM
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I got a letter today, Notice of Voluntary Dismissal and I am wondering what it is but soes this mean that I no longer owe these people? or do I still have an opportunity to negiotate a reduced settlement or is it settled and zeroed out?

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Sub: #12
Replied on 06-07-2008, 09:43 PM
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Where you sued? A Notice of Voluntary Dismissal
usually without prejudice means that you are relived from a lawsuit and are not required to pay. It can either be done by the plaintiff for lack of information or by the court for lack of the plaintiff to take action in a certain amount of time.

You do not have to pay. If it was a lawsuit and you did not go for the trial yet, make sure you call the courthouse to be sure that Notice of Voluntary Dismissal was filed there too.

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Sub: #13
Replied on 06-08-2008, 09:22 AM
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Bernice It means that whoever filed the suit against you has requested it be dismissed. This could be for a lot of different reasons. It does not mean you do not owe the money. You can still negotiate a settlement.
Do make sure that the Notice of Dismissal was actually filed and that the court has closed the case. It is real easy to send you a notice and not the court and then they show up and get a default judgement.




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