#1  
05-01-2008, 09:17 AM
ewally269 ewally269 is offline
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Sub: can you please tell me what this means?

i got a letter in the mail can you tell me what it means?

rule 40 voluntary dismissal.... please be advised that claimant, fia card services, n.a., has requested a voluntary dismissal of the above referenced arbitration claim, pursuant to rule 40 c of the national arbitration forum code of procedure. respectfully submitted, this 4th day of april, 2008.

thank you
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  #2  
05-01-2008, 09:21 AM
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frogpatch frogpatch is offline

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Please read this!

Rule 40(c). Dismissal of inactive cases.
In the absence of a showing of good cause for retention, any
action, appeal or proceeding, except for guardianships,
conservatorships, and probate proceedings, in which no action has
been taken or in which the summons has not been issued and served,
for a period of six (6) months shall be dismissed. Dismissal
pursuant to this rule in the case of appeals shall be with
prejudice and as to all other matters such dismissal shall be
without prejudice. At least 14 days prior to such dismissal, the
clerk shall give notification of the pending dismissal to all
attorneys of record, and to any party appearing on that party's own
behalf, in the action or proceeding subject to dismissal under this
rule.
(Amended effective March 1, 1976; amended effective July 1, 1977;
amended March 24, 1982, effective July 1, 1982; amended June 15,
1987, effective November 1, 1987.)

What state do you live in? This is from Idaho!
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  #3  
05-01-2008, 09:25 AM
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frogpatch frogpatch is offline

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And this!

RULE 40. Voluntary Dismissal.
C. After a Claimant is served with a Response, a Claim may be dismissed at the Request of the Claimant. Before the selection of an Arbitrator, the Director may dismiss the Claim. After the selection of an Arbitrator, the Arbitrator may dismiss the Claim.

National Arbitration Forum is in violation of this as evidenced in charge two above, involving the fact that Wolpoff and Abramson, L.L.P. did in fact file a “Request to Vacate Award" as “the Respondent satisfied the outstanding obligation prior to the entry of Award" and National Arbitration Forum did not honor this request. Even if it was issued by mistake, this is evidence that Wolpoff and Abramson, L.L.P. does not have a clear and personal knowledge of the case before the forum, and that it may or rather is in error to the facts involved and should have been accepted as submitted, with prejudice. National Arbitration Forum's failing to cause councils to be responsible for false documents promotes frivolous cases (such as this one), and allows councils and parties to act in a reckless manner.
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  #4  
05-01-2008, 09:26 AM
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frogpatch frogpatch is offline

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It sounds as if the claimant is withdrawing its arbitration claim in response to some action that you filed.
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  #5  
08-09-2009, 05:08 AM
Anonymous
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Sub: debt recovery not confirmed

I recieved a letter in the mail stating REQUEST FOR DISMISSAL WITHOUT PREJUDICE PURSUANT TO RULE 40. This came from the national arbitration forum concerning a credit card debt I know nothing about.
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