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  #1  
Old 09-05-2008, 08:59 AM
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Join Date: Sep 2008
Posts: 1

Insurance Sales Debt from 5 years ago - PreBankruptcy


Texas.

I do not know if this is the right place - But, I will be brief:

I sold Health Insurance 5 years ago. It was a short-lived career. I filed bankruptcy 4 years ago. For the past 5 years I kept getting emails of new products to sell from National Insurance Agency. I finally asked them to remove me from their email list. To my surprise, the CEO said "Not until I pay my debt balance".... I stated that I knew nothing of a debt balance of $500 and for him to erase my email address and quit sending me unsolicited emails about new products to sell. He cc'd 5 people inside his company and placed me on "Vector" and states he is turning this into collections. I requested again that he remove me from his email list and that all further communication is to be in writing via the U.S. mail. He states he will not remove me until I pay the debt (Which is a different matter altogether than my legal request for him to stop spamming me). In just 5 days, I have received over 10 emails from him or his company about this after my request to stop. I had no idea that I owed this man an "Advanced Commission" debt. Obviously, when I was selling insurance, Some policies cancelled that I was paid a commission on. Who knew? No one ever notified me in 5 years that I owed this. And, my license has been expired for nearly 4 years now (Which they would have known about since I was appointed to them and they would have been notified about my license being expired).

My question:

Can I sue for harassment or violation of the can-spam act at this point since he is ignoring my email removing request and is harassing me?

Am I obligated for this debt if he never notified me in writing PRE Bankruptcy. (As I would have included it in bankruptcy).

Can I still include this in my original bankruptcy since the debt was before I filed originally?

If I am obligated to pay this money - And, do not - What would be the starting dated of bad debt - And, would it be on my credit report for only 2 years (Since 5 years has gone by and legally they can only put it on your credit report for 7 years max)?

Do you have any other advise for me?

Thank you for your time,

Marc
  #2  
Old 09-05-2008, 12:08 PM
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Join Date: Jul 2005
Location: Missouri
Posts: 3,802
Quote:
Originally Posted by madcad View Post
Texas.
I filed bankruptcy 4 years ago.
...
To my surprise, the CEO said "Not until I pay my debt balance"....of $500 ...states he is turning this into collections.
Quote:
Originally Posted by madcad View Post
Can I sue for harassment or violation of the can-spam act at this point since he is ignoring my email removing request and is harassing me?
No

Quote:
Originally Posted by madcad View Post
Am I obligated for this debt if he never notified me in writing PRE Bankruptcy. (As I would have included it in bankruptcy).
You need to talk to your BK attorney. Chances are the debt is included in the BK.

Quote:
Originally Posted by madcad View Post
Can I still include this in my original bankruptcy since the debt was before I filed originally?
Yes,and my understanding is that you have to.

Quote:
Originally Posted by madcad View Post
If I am obligated to pay this money - And, do not - What would be the starting dated of bad debt - And, would it be on my credit report for only 2 years (Since 5 years has gone by and legally they can only put it on your credit report for 7 years max)?
That would be correct. And you may want to check the SOL.

DC
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  #3  
Old 09-05-2008, 02:33 PM
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Join Date: Sep 2008
Posts: 71
You CAN hammer the point home by reporting his email as Spam. Heres a simple place to use Whois, go to Geektools.com and look on the upper right, select whois, put his email website domain addy in (example if it comes from [email]idiot@stupidcompany.com[/email] use stupidcompany.com to put in.) Get the IP host of whoever hosts the Site, maybe its comcast.com and forward the Spam from this jerk to abuse@comcast or whatever also cc [email]abuse@ftc.gov[/email] and reverse his domain name and cc to [email]stupidcompany.com@abuse.net[/email] also cc the idiot sending them so they get the idea. Enough complaints will get them in hotwater with their upstream IP provider. Oh, go to Spamcop.net, register for their free reporting and place it there too and report it.

No one should ever have to deal with email spam or otherwise from anyone. Believe me, I work in Information Systems, this will work. Do this everytime you get an email from them. In your comments in the reported abuse say something like this:

(again i'm using comcast as an example) Abuse Staff at Comcast,

"Please stop your hosted website Stupidcompany.com from persistently sending me this unwanted SPAM to my email account. If you will note copies of this Spam are also being sent to the FTC, Abuse.net and Spamcop."

Believe me the owner of that stupidcompany will stop when his IP Host threatens.
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