Western Capital - The Truth

Here is an example of the false and misleading information you can expect to obtain from Western Capital CEO Robert Paisola.



Let's look at Western Capital CEO Robert Paisola's false and misleading statement #9:

Next, we will start calling the SECURED creditors who you are PERSONALLY LIABLE for payment on.

Personal liability for a corporate debt does not arise from the fact the creditor is secured.

A secured creditor is one that maintains a security interest in some tangible property. Could be equipment, inventory, etc., in the possession of the corporation. A secured creditor is only entitled to the tangible property in which they hold a security interest. If that property is titled to the corporation, the creditor cannot pierce the corporate veil and hold an individual corporate officer PERSONALLY LIABLE as Western Capital CEO Robert Paisola suggests.

Now, let's look at Western Capital CEO Robert Paisola's statement #11.

Unsecured creditors are always the last priority.

That's simply dangerous. If a corporate officer has given an unsecured creditor a personal guarantee, that individual can be personally liable to the unsecured creditor. The creditor has recourse against the corporate officer personally. They can go after the individual's personal bank accounts, property, even their daughters hand-me-down 4 year old Lexus.

Of course, any CEO reading the trash contained on Western Capital CEO Robert Paisola's website would know immediately that it contains false and misleading information.

Recently Western Capital CEO Robert Paisola made the following comment on his website relative to defamation:

You must understand that there are certain constitutional privileges for members of the media,

The first ammendment of the constitution does not extend any "privileges" to any organization or class.

Let's see exactly what the first ammendment says and analyze its meaning:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press

Quite simply, it states Congress shall make no law respecting.....freedom....of the press.

The first ammendment only limits the governments ability to make laws that would interfere with the publication or disemination of information. In other words, censorship by the government.

Nowhere does the constitution create a "privilege" or preemption for the press, or anyone for that matter, to publish comments that, under state statutes or common law, could be prosecuted as defamation.

As you read this repost, bear in mind that Western Capital CEO Robert Paisola is a registered sex offender. A felon, convicted of the possession of child pornography.

Jessica Marie Lunsford, a nine year old third grader at Homosassa Elementary School in Florida, was dropped off at her grandparent’s home by a family friend after an evening of Bible study. Around 9:00 pm with school beckoning the following morning, little Jessica’s grandfather tucked her into her bed and she drifted off to sleep with the same cares and concerns as any much loved nine year old girl. Around 3:00 am that night, as the world slept on around her, John Evander Couey , then 47 years old, woke the little girl from her dreams and commanded her to silence before spiriting her away for a three day tour of Hell.

John Couey was a known sexual predator with twenty-four prior arrests for burglary, carrying a concealed weapon without a permit, fraud and indecent exposure. He was no stranger to Florida’s jails. During a burglary in 1978, Couey had sexually assaulted a sleeping child in her bedroom and was sentenced to serve 10 years in Florida’s prison system. He was paroled less than three years later in 1980. In 1991 he was again arrested for sexually assaulting another child and sentenced to five years in prison. He was paroled again after serving a small fraction of his sentence. On the night John Couey took Jessica Lunsford from her bedroom, Citrus County Florida had issued a warrant for his arrest for violating the terms of his probation steaming from a misdemeanor drug violation. There was also a warrant out for his arrest for failing to update his home address which is required for all sex offenders.

John Couey took the little girl to a trailer home less than a hundred and fifty yards from where she had left her school clothes laying neatly folded next to her bed. In the trailer John Couey shared with his sister, Dorothy Dixon and her adult daughter, Madie Secord, he repeatedly raped nine year old Jessica Lunsford over a three day period. He kept her in his bedroom closet while he went to work nearby at “Billy’s Truck Lot.” When frantic police searching for the missing girl questioned the four people sharing Couey’s trailer, they said nothing of her presence in the nearby closet nor did they reveal that the known sex offender was staying there. The battered and traumatized child was still alive in the closet at the time.

Three days after being taken from her bed, John Evander Couey tied her wrists with speaker wire and stuffed the still living nine year old into a garbage bag burying her alive under the steps of the trailer home in a hole two and a half feet deep. Weakened by three days of non-stop horror, the lack of food and water and the trauma she had endured, the little girl tried to escape from the grave she had been pushed into. She managed to get two small fingers of one tightly bound hand through a hole she had ripped in the plastic trash bag before she suffocated to death.

The next morning, on March 4, 2005, Madie Secord, John Couey’s niece, went to the bus station and purchased a one-way ticket to Savannah, Georgia in her own name. She gave that bus ticket to her uncle and on the following Monday, John Couey left town. Florida authorities began looking for him about a week later when he failed to update his home address for the state’s sex offender data-base.

John Couey was subsequently arrested by Savannah police and turned over to the authorities in Florida. On March 18, 2005 he confessed to the kidnapping, rape and murder of Jessica Lunsford and the on the day following, Florida police recovered Jessica’s body from the shallow grave where she had suffocated.

John Couey’s attorney was later able to get the initial confession thrown out on the grounds that police had denied him an attorney prior to taken questioning. Since the evidence implicating the defendant’s sister, niece and their boyfriends who were all present (and doing cocaine) in the trailer while Couey ravaged the little girl in a nearby bedroom, was contained in the original confession, all charges against those four individuals were dropped.

On March 7, 2007, two years and a few days after nine year old Jessica suffocated to death in a dirt filled hole, it took a mere four hours of deliberation for the twelve jurors assigned to Couey’s trial to deliver a verdict of guilty on all charges. John Evander Couey was found guilty of first-degree murder, guilty of sexual battery on a child younger than 12, guilty of kidnapping and guilty of burglary with battery.

Recently a question was posed to Western Capital CEO Robert Paisola on when the SOL begins to run for purposes of filing suit. Read Wester Capital CEO Robert Paisola's response here.

The question was very clear:

My question is does the sol for lawsuit purposes start when the account first became and remained over the limit and therfore in default even though I continued to make payments over the next 5 years.

The answer, provided by Western Capital CEO Robert Paisola, was clearly wrong:

First of all, the SOL is not based on where you live, but rather where they sue you.

More importantly, that doesn't answer the question of when a limitations period begins to run.

The correct answer is that the limitations begins to run when a cause of action accrues. Unless otherwise defined by contract, a cause of action to recover under a credit agreement accrues upon breach of the agreement. For a debt, that would be when a payment was due but wasn't made.