"Forum has granted the Dismissal & the above matter is Dismissed without Prejudice"?

[Big B]

"Forum has granted the Dismissal & the above matter is Dismissed without Prejudice"?

State of Ohio

Hello, looking to get an expert answer to my question. Long story short here, so I'll get to the point.

I have a letter from the National Arbitration Forum, and this is what it states:

"Dear Parties:

The Claimant requested this matter be Dismissed. Pursuant to Rule 40 of the Code of Procedure, the Forum has granted the Dismissal, and the matter is Dismissed without Prejudice.

This case is now closed with the National Arbitration Forum. All future inquiries regarding this case should be directed to the opposing party."

(1) Who is the "Claimant"?

(2) Who is the "opposing party", me?

(3) What does it mean when they say, "This case is now closed with the National Arbitration Forum."

(4) What is your opinion of "Forum has granted the Dismissal, and the above matter is Dismissed without Prejudice"?

Here is my opinion and please correct me. From what I do know, "without Prejudice" means, they can still come after me for the debt. Where as. "with Prejudice" means they can not. Now, if they, (the debt collector) can still come after me for the debt, (debt which at this point was paid) does that mean, if my file was sold to someone else, as in a "bulk debt sale," can the next debt collector come after me, if the case was closed? Because I do know, since this went to Arbitration, (not sure who initiated the Arbitration process) that a judge (if taken to court) can only overrule the verdict on special cases. i.e. "Divorces, etc." The debt collector listed on the letter never came after me, after me receiving this letter. My file was then sold to another debt collector. This is about a 15 years long story!

Any help would be greatly appreciated. I've learned ALOT in those 15 years about credit cards, credit card debt and debt collectors. But this i'm not sure about. Thanks!

Oh and I even sent a email to the National arbitration Forum asking them what the letter meant, about a year ago and received no answer!!

 

[LdiJ]

State of Ohio

Hello, looking to get an expert answer to my question. Long story short here, so I'll get to the point.

I have a letter from the National Arbitration Forum, and this is what it states:

"Dear Parties:

The Claimant requested this matter be Dismissed. Pursuant to Rule 40 of the Code of Procedure, the Forum has granted the Dismissal, and the matter is Dismissed without Prejudice.

This case is now closed with the National Arbitration Forum. All future inquiries regarding this case should be directed to the opposing party."

(1) Who is the "Claimant"?

(2) Who is the "opposing party", me?

(3) What does it mean when they say, "This case is now closed with the National Arbitration Forum."

(4) What is your opinion of "Forum has granted the Dismissal, and the above matter is Dismissed without Prejudice"?

Here is my opinion and please correct me. From what I do know, "without Prejudice" means, they can still come after me for the debt. Where as. "with Prejudice" means they can not. Now, if they, (the debt collector) can still come after me for the debt, (debt which at this point was paid) does that mean, if my file was sold to someone else, as in a "bulk debt sale," can the next debt collector come after me, if the case was closed? Because I do know, since this went to Arbitration, (not sure who initiated the Arbitration process) that a judge (if taken to court) can only overrule the verdict on special cases. i.e. "Divorces, etc." The debt collector listed on the letter never came after me, after me receiving this letter. My file was then sold to another debt collector. This is about a 15 years long story!

Any help would be greatly appreciated. I've learned ALOT in those 15 years about credit cards, credit card debt and debt collectors. But this i'm not sure about. Thanks!

Oh and I even sent a email to the National arbitration Forum asking them what the letter meant, about a year ago and received no answer!!

The Claimant is the entity going after you for the debt.

The Opposing Party is you.

It was dismissed without prejudice which means that the Claimant could still go after you.

You stated that the debt was already paid. Do you have the paperwork to prove that?

 

[Big B]

reply....

Thanks for your quick response. Yes, as I stated, I know what, "Dismissed without Prejudice" means. And the debt collector who went to Arbitration and asked for the Dismissal, never came after me for the debt again. It was sold to another debt collector.

So my point was, if the last debt collector (Worldwide Asset Purchasing) asked for the case to dismissed, then UNTIL THEY decide to come after me again for the debt, (which they did not) does that mean the case is done with and so ONLY THEY can come after me? Because I do know that sometimes, several debt collectors might have your file and will come after you at the same time, but no one else did. Not until my debt was sold to another debt collector.

So since the matter against me was dismissed with the Arbitrator and the last debt collector (before the current one) never came back after me for the debt, the debt is no longer, in a sense? And if that is the case, how can they sell my debt to someone else and another debt collector come after me for a case that had been dismissed? The letter I got from the National Arbitration Forum is dated, September 18, 2008! And I did not know someone else had bought the debt until recently. Within the past year!

As far as proof of the debt being paid, (What I originally owed) I did not save any of the "receipts" at the time, because I thought since I was making the payments and that once it was paid off, I had nothing to worry about, specially since I got the letter I have. Which, although it states they can still come after me, (Worldwide Asset Purchasing) at the time, didn't make sense to me, since I thought the matter was over. Again, this is a 15 year long story. And the debt collector, Worldwide Asset Purchasing, after receiving this letter, NEVER attempted to collect on the debt again. And they were the ones who asked for the case against me to be dismissed, because it wasn't me who asked. So that is why I am confused here. I know I should have saved everything at the time.

Now the current Attorney who has my case, I emailed them and asked for a copy of my complete file and they did not send me anything. Instead, acted like I was stating that I owe on the debt, which I never said anything to that fact. I was merely asking for a complete copy of my file, which legally I'm allowed to. Because I wanted to see what was in my file. Was anything missing or not, because if it's an incomplete file, then they technically have nothing against me, to prove that the original debt was never paid off. Because some files might "accidentally" go missing. And it DOES happen, wither intentional or not.

Anyways, any help would be appreciated. And if this can be passed along to anyone with knowledge of this matter, would be great full. Thanks!

 

[FlyingRon]

No, whoever is the current assignee is free to bring suit until the statute of limitations runs out (well, they can bring it after it runs out, but they won't get too far in court).
Either WORLD or the next guy who buys the debt is free to start the whole thing up again.

 

[FlyingRon]

No, whoever is the current assignee is free to bring suit until the statute of limitations runs out (well, they can bring it after it runs out, but they won't get too far in court).
Either WORLD or the next guy who buys the debt is free to start the whole thing up again.

Note, you haven't been to a court yet. The rules for the arbitration may or may not be different from what the rules to go to court. For example, I just had a case where we dismissed a claim for being time barred under the arbitration rules. We can't arbitrate it, but they're free to move the whole shooting match to the traditional judiciary (and I suspect they probably will).