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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 
