Western Capital - The Truth

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.