- Be sure to read the archives here February 2007
- Be sure to read the archives here March 2007
- Be sure to read the archives here April 2007
- Be sure to read the archives here May 2007
- Be sure to read the archives here June 2007
- Be sure to read the archives here July 2007
- Be sure to read the archives here October 2007
Sunday, June 17, 2007
More false and misleading information from America's most notorious con-man Robert Paisola
More later....watching the Open :)
// posted by E. Normis Debtor @ 8:40 AM
Wednesday, June 13, 2007
Robert Paisola does it again
Giving bad advice to consumers seems to be Western Capital CEO Robert Paisola's purpose in life. He continually proves, time and time again, that he has absolutely no knowledge of collection laws. In fact, everytime he posts anything he proves it again.
Here's today's example:
A consumer poses the following to Robert Paisola:
I had a student loan in the 1970's but due to lack of working full time I could never pay off
Original amount was $3500.
NY State HESC got a judgment in Albany County Court in 1985 and amounts accrued over the years to $14000.
I never made any payments, they seized some tax refunds when I had them.
In NY State a judgment runs for 20 years so my question is this judgment ran out to collect on in 2005 so can they still persue me for it?
Robert Paisola responds with this idiotic advice:
If you are telling me that the State got a judgment against you and the laws in your state indicate the the judgment is good for 20 years (Hell, that is a long time...) then I would imagine that the judgment expired.
Wrong again Bobby boy!
Judgments on student loans which were guaranteed by the US Government never expire.
You see, there is this little thing called a federal preemption of state law.
Though a state court may have awarded the judgment, the federal statute of limitations for judgments on a student loan preempts the state's staute of limitations.
US Code, Title 20, Section 1091a(a) In general
(1) It is the purpose of this subsection to ensure that obligations to repay loans and grant overpayments are enforced without regard to any Federal or State statutory, regulatory, or administrative limitation on the period within which debts may be enforced.
(2) Notwithstanding any other provision of statute, regulation, or administrative limitation, no limitation shall terminate the period within which suit may be filed, a judgment may be enforced, or an offset, garnishment, or other action
Once again, Western Capital CEO Robert Paisola provides false and misleading information to unwary consumers.
Here's today's example:
A consumer poses the following to Robert Paisola:
I had a student loan in the 1970's but due to lack of working full time I could never pay off
Original amount was $3500.
NY State HESC got a judgment in Albany County Court in 1985 and amounts accrued over the years to $14000.
I never made any payments, they seized some tax refunds when I had them.
In NY State a judgment runs for 20 years so my question is this judgment ran out to collect on in 2005 so can they still persue me for it?
Robert Paisola responds with this idiotic advice:
If you are telling me that the State got a judgment against you and the laws in your state indicate the the judgment is good for 20 years (Hell, that is a long time...) then I would imagine that the judgment expired.
Wrong again Bobby boy!
Judgments on student loans which were guaranteed by the US Government never expire.
You see, there is this little thing called a federal preemption of state law.
Though a state court may have awarded the judgment, the federal statute of limitations for judgments on a student loan preempts the state's staute of limitations.
US Code, Title 20, Section 1091a(a) In general
(1) It is the purpose of this subsection to ensure that obligations to repay loans and grant overpayments are enforced without regard to any Federal or State statutory, regulatory, or administrative limitation on the period within which debts may be enforced.
(2) Notwithstanding any other provision of statute, regulation, or administrative limitation, no limitation shall terminate the period within which suit may be filed, a judgment may be enforced, or an offset, garnishment, or other action
Once again, Western Capital CEO Robert Paisola provides false and misleading information to unwary consumers.
// posted by E. Normis Debtor @ 12:39 PM
Monday, June 11, 2007
Patti Pacifico
I read an article today authored by Creditwrench CEO Billie Bauer that referred to Patti Pacifico, an admitted business associate of Western Capital CEO Robert Paisola, as a "journalistic prostitute."
Now I don't know whether Patti Pacifico is a "journalistic prostitute" or not, because frankly I'm not sure what a "journalistic prostitute" is.
What I do know is that Patti Pacifico has removed her Robert Paisola page from her website. And, all of the previous articles claimed to be authored by Robert Paisola have been removed as well.
A coincidence, or just a smart move by Patti Pacifico.
You see, I researched each and every one of the articles on her site that Robert Paisola took credit for as author. And, every one of them contained plagiarized material. Then I made every effort to contact the actual authors of the plagiarized articles.
Posting, or publishing in any form, copyrighted material without the real authors permission, can expose one financially if the author chooses to pursue a private right of action against the publisher.
Now I don't know whether Patti Pacifico is a "journalistic prostitute" or not, because frankly I'm not sure what a "journalistic prostitute" is.
What I do know is that Patti Pacifico has removed her Robert Paisola page from her website. And, all of the previous articles claimed to be authored by Robert Paisola have been removed as well.
A coincidence, or just a smart move by Patti Pacifico.
You see, I researched each and every one of the articles on her site that Robert Paisola took credit for as author. And, every one of them contained plagiarized material. Then I made every effort to contact the actual authors of the plagiarized articles.
Posting, or publishing in any form, copyrighted material without the real authors permission, can expose one financially if the author chooses to pursue a private right of action against the publisher.
// posted by E. Normis Debtor @ 4:18 PM
Friday, June 1, 2007
More false and misleading information
A consumer originally from Ohio moved to Florida and subsequently had their vehicle purchased in Ohio repossessed in Florida.
Being concerned about the statute of limitations and their wages being garnished, they posed the following questions to Western Capital CEO Robert Paisola:
"They are trying to collect on this, which statute of limitations would this fall under? Ohio or Florida? If they take it to court would it fall under Ohio law or Florida law since we live in Florida now? can they garnish his wages to pay this debt?"
The response from Western Capital CEO Robert Paisola was:
...."since the car was purchased in Ohio, that is most likely where the applicable law applies. Since it was reposessed in Florida, I do not believe that this will be a factor. They will try to get a deficiency judgment for the difference between the balance owed and the amount they sold the car to their friends for which they can go after him for this amount."
Wrong answers again Robby Boy!
1. Since the debtor resides and works in Florida, that is likely where they would be sued.
Statutes of limitations are procedural laws rather than substantive. Procedural laws of the forum state, where the debtor is sued, would apply. So the Florida statute of limitations, rather than Ohio's, would be a factor.
2. Every state has specific laws dealing with repossessions.
When the secured party repossessed the vehicle in Florida, they subjected themselves to Florida statutes. Unless they complied with the applicable laws, they would not be entitled to recover a deficiency judgment.
Again, contrary to Western Capital CEO Robert Paisola's false and misleading information, Florida law is very much a factor.
3. Florida has a head of household exemption for wage garnishment.
Simply more false, misleading, and dangerous advice from Western Capital CEO Robert Paisola who claims to be and "expert" in collection law.
Being concerned about the statute of limitations and their wages being garnished, they posed the following questions to Western Capital CEO Robert Paisola:
"They are trying to collect on this, which statute of limitations would this fall under? Ohio or Florida? If they take it to court would it fall under Ohio law or Florida law since we live in Florida now? can they garnish his wages to pay this debt?"
The response from Western Capital CEO Robert Paisola was:
...."since the car was purchased in Ohio, that is most likely where the applicable law applies. Since it was reposessed in Florida, I do not believe that this will be a factor. They will try to get a deficiency judgment for the difference between the balance owed and the amount they sold the car to their friends for which they can go after him for this amount."
Wrong answers again Robby Boy!
1. Since the debtor resides and works in Florida, that is likely where they would be sued.
Statutes of limitations are procedural laws rather than substantive. Procedural laws of the forum state, where the debtor is sued, would apply. So the Florida statute of limitations, rather than Ohio's, would be a factor.
2. Every state has specific laws dealing with repossessions.
When the secured party repossessed the vehicle in Florida, they subjected themselves to Florida statutes. Unless they complied with the applicable laws, they would not be entitled to recover a deficiency judgment.
Again, contrary to Western Capital CEO Robert Paisola's false and misleading information, Florida law is very much a factor.
3. Florida has a head of household exemption for wage garnishment.
Simply more false, misleading, and dangerous advice from Western Capital CEO Robert Paisola who claims to be and "expert" in collection law.
// posted by E. Normis Debtor @ 1:58 AM
