Western Capital - The Truth

New federal lawsuit filed against Paisola

noreply@blogger.com (E. Normis Debtor) — Sun, 28 Oct 2007 15:19:00 -0700

As promised, here is a copy of the most recent federal suit filed against Western Capital CEO Robert Paisola.

http://www.geocities.com/e_normis_debtor/tstn.pdf

The latest information I have indicates that Paisola is, once again, attempting to evade service. Accordingly, I will be dispatching my top investigator to Utah to assist in locating him.

The latest Federal lawsuit filed against Robert Paisola

noreply@blogger.com (E. Normis Debtor) — Wed, 17 Oct 2007 15:36:00 -0700

Yet another Federal lawsuit filed against the infamous internet con-man, Western Capital CEO Robert Paisola.

For what? You guessed it.....trademark infringement, again.

The Federal lawsuit was filed by Splash Media, owners and operators of The Success Training Network.

I will post more details, including all court documents, shortly.

New updates

noreply@blogger.com (E. Normis Debtor) — Tue, 9 Oct 2007 19:58:00 -0700

Sorry I haven't posted recently.

Just returned from an extended leave and have some new updates that I will be posting shortly.

More babble eminating from the pie whole of Paisola

noreply@blogger.com (E. Normis Debtor) — Sun, 1 Jul 2007 12:57:00 -0700

Recently, Western Capital CEO Robert Paisola suggested he be named a co-plaintiff in the case of Callier et al v. Creditwrench. His reasoning? He is a "similarly situated party".

Where Paisola comes up with so much Crappola is beyond me.

This case is not a class action, doesn't qualify as a class action, and will never be a class action.

What Robert Paisola is talking about, but apparently knows nothing about, is the legal principle of permissive joinder.

However, to be joined as a plaintiff in the instant case would require that Western Capital CEO Robert Paisola had a right to relief out of the same occurrance(s) alleged by the current plaintiffs that entitles them to relief. One only need read the complaint to see that Robert Paisola has no colorable claim arising from the actions of Creditwrench that allegedly damaged the named plaintiffs.

More false and misleading information from America's most notorious con-man Robert Paisola

noreply@blogger.com (E. Normis Debtor) — Sun, 17 Jun 2007 08:40:00 -0700

More later....watching the Open :)

Robert Paisola does it again

noreply@blogger.com (E. Normis Debtor) — Wed, 13 Jun 2007 12:39:00 -0700

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.

Patti Pacifico

noreply@blogger.com (E. Normis Debtor) — Mon, 11 Jun 2007 16:18:00 -0700

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.

More false and misleading information

noreply@blogger.com (E. Normis Debtor) — Fri, 1 Jun 2007 01:58:00 -0700

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.

Western Capital office

noreply@blogger.com (E. Normis Debtor) — Mon, 28 May 2007 02:21:00 -0700

Western Capital CEO Robert Paisola likes to brag about his impressive offices.

Follow this link: 63 EAST 11400 S
SANDY, UT 84070 "SUITE" 221

Con man exposed

noreply@blogger.com (E. Normis Debtor) — Fri, 25 May 2007 00:37:00 -0700

Recently, Western Capital CEO Robert Paisola bragged on one of his websites that he was going to be profiled by reporter Stephen Dark of the Salt Lake City Weekly.

That profile was published yesterday, May 24, 2007.

However, I don't think the results of the profile were exactly what Western Capital CEO Robert Paisola had in mind.

It apparently didn't take very long for the investigative reporter for the Salt Lake City Weekly to determine what Uncle Normie has been stating for some time.

Western Capital CEO Robert Paisola is a con man.

Here is the full article by Stephen Dark on Western Capital CEO Robert Paisola.

More dangerous advice from Robert Paisola

noreply@blogger.com (E. Normis Debtor) — Thu, 24 May 2007 14:00:00 -0700

Continuing his trend of offering consumers dangerous advice, then using that to lure them to enroll in his "VIP" program for which they pay a fee, Western Capital CEO Robert Paisola recently stated the following to a co-signor in need of help:

"If you co-signed as a minor, then there is nothing to worry about."

There is indeed a lot to worry about.

With a few exceptions, minor contracts are voidable. However, in many jurisdictions, the minor must seek to void the contract will still in minority, or the contract becomes ratified upon their reaching the age of majority. In other jurisdictions, the contract becomes ratified if the individual fails to have the contract voided within one year of their reaching the age of majority.

This consumer needs to contact competent legal counsel for his situation. Not listen to the useless and incompetent advice of Western Capital CEO Robert Paisola who doesn't have a clue of what he's talking about.

Another con by Western Capital CEO Robert Paisola

noreply@blogger.com (E. Normis Debtor) — Tue, 22 May 2007 00:55:00 -0700

In keeping with his ongoing efforts to inflate his resume and his delusions of grandeur, Western Capital lists his alleged accomplishments on his personal profile on Naymz.com as well as other websites.

Click on image to enlarge

Note the last item on the "list" and his mention of the "Paisola Pavillion" in Lompoc CA as if the pavillion were named after him.

While there is indeed a Paisola Pavillion at the Lompoc High School, it was not named such in honor of the subject of this blog as he would like you to believe.

It was named in honor of a gentleman named Paisola who was an esteemed educator and school administrator in the Lompoc school district for 25 years.

The namesake of the pavillion was not "formerly" of Lompoc as Western Capital CEO Robert Paisola mentions in his profile. Apparently doing so since everyone knows the subject of this blog doesn't live in Lompoc.

The Paisola after which the pavilion is named died in Lompoc on Nov 30, 2001 at the age of 74.

Thanks to one of my many readers for bring yet another truth about Western Capital CEO Robert Paisola to my attention.

Even more bad adivce from Western Capital CEO Robert Paisola

noreply@blogger.com (E. Normis Debtor) — Sun, 20 May 2007 11:51:00 -0700

A consumer identifying herself as Ms. Adamson was recently given the following bad advice from Western Capital CEO Robert Paisola relative to a collection account of hers.

"You send them a payment for 25.00 to the agency. If they cash it (make sure it is a money order) then that is a form of ACCEPTANCE of the payment agreement."

A money order, check, etc., is not an agreement, it is consideration. Without an actual agreement or novation to replace her original credit agreement, the $25.00 she sends the collection agency is nothing more than a payment towards her balance.

Here's what else could result from this working single mother's payment if she follows Western Capital CEO Robert Paisola's bad advice.

1. If the limitions period for filing suit on the debt has expired in her jurisdiction, she could very well re-set that limitations period by making payment. This would effectively remove an affirmative defense she may have had if they were to sue her.

2. The payment can form the basis for an account stated. Since many collection agencies lack back-up (media) for an account they are often hesitant to sue. However, lacking such media isn't so much an issue if they were to sue on an account stated, the basis of which would be her admission of the obligation by virtue of her payment.

Simply another example of Western Capital CEO Robert Paisola's lack of legal knowledge.

More idiotic advice from Western Capital CEO Robert Paisola

noreply@blogger.com (E. Normis Debtor) — Sat, 19 May 2007 15:44:00 -0700

Recently, Western Capital CEO Robert Paisola advised an unwary consumer that, because he didn't have a series of "written agreements" with a former girlfriend to repay the money he lent her, he was "screwed".

Here is Western Capital CEO Robert Paisola's exact statement:

"If you loaned a former girlfriend a substantial sum "Over The Years" I seriously doubt that you have a series of written agreements with her for the loans.

Based on this fact, you are screwed."

The above comment by Western Capital CEO Robert Paisola is a prime example of why he is unqualified to offer advice on such matters.

If one person loans another money, and the party accepting the money agrees to repay it, a contract is formed. Providing the terms of the loan are legal, the contract is enforceable in a court of law and need not be in writing.

Of course, based on the E. Normis amount of email I receive, it would appear not many people are putting faith in any advice being given by Western Capital CEO Robert Paisola.

Just do a google search combining the phrases "Robert Paisola" and "Western Capital" and you'll see why Uncle Normie gets so much email at unclenormie@oklahomacity.usa.com about Western Capital CEO Robert Paisola.

So much for Western Capital CEO Robert Paisola's google "webmaster controls" that he threatened Uncle Normie with.

Here's an interesting Paisola site

noreply@blogger.com (E. Normis Debtor) — Thu, 17 May 2007 13:44:00 -0700

Just came across this one: http://robertpaisola.ning.com/

More assinine advice from Robert Paisola

noreply@blogger.com (E. Normis Debtor) — Sun, 13 May 2007 13:13:00 -0700

A consumer experiencing financial difficulties due to wage garnishment was recently given the following advice by Western Capital CEO Robert Paisola:

"either quit your job of (sic) I may be able to help if you want to give the VIP Program a try"

Just how fucking stupid is Rober Paisola? Let's see;

The maximum that federal law allows to be garnished from wages is 25%. If she quits her job her income would be reduced 100%.

We're talking about a single mother in financial trouble, and Western Capital CEO Robert Paisola's advice to overcome the problem is to "quit your job". That's it Bobby Boy, leave her and her dependant children without any income.

Nowhere does Robert Paisola mention that there are ways to have garnishment orders rescinded when a parent can show the amount garnished impacts their ability to properly care for dependants.

He then has the audacity to suggest she could hire him. With what Rob? Her grocery money perhaps?

She hardly needs to spend $200 for more dangerous advice from a moron like you.

More copyright material stolen by Robert Paisola the con-man

noreply@blogger.com (E. Normis Debtor) — Thu, 3 May 2007 08:21:00 -0700

Note that Western Capital CEO Robert Paisola claims authorship of this article. In fact, at the bottom he claims copyrights to it.

However, much of the articles contents were originally authored by Gary Fields, a staff reporter for the Wall Street Journel.

In typical fashion, Western Capital CEO Robert Paisola plagarizes someone elses hard work and talent then claims it as his own.

The Thief-in-Chief strikes again.

More lies from Western Capital CEO Robert Paisola

noreply@blogger.com (E. Normis Debtor) — Wed, 2 May 2007 12:54:00 -0700

Recently Western Capital CEO Robert Paisola threatened to file a lawsuit against Christine Baker, founder of Creditsuit.org

Here is a copy of the threat.

It's been 2 weeks, and Christine has not removed the web page at issue. I just checked the Federal Court records, and no such suit has been filed against Christine by Western Capital.

No surprise there. Western Capital CEO Robert Paisola is long on wind and short on action. A nice way of saying he's nothing but a con-artist and a liar.

Myspace

noreply@blogger.com (E. Normis Debtor) — Tue, 10 Apr 2007 14:01:00 -0700

Since Western Capital CEO Robert Paisola has a myspace account, I thought it might be fun to sign up for one too.

Seems they also provide a free blog.

Here's my first entry.

False and misleading information from Western Capital

noreply@blogger.com (E. Normis Debtor) — Tue, 10 Apr 2007 12:43:00 -0700

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.

Robert Paisola's misunderstanding of the constitution

noreply@blogger.com (E. Normis Debtor) — Tue, 10 Apr 2007 02:22:00 -0700

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.

An example of how not to handle negative information

noreply@blogger.com (E. Normis Debtor) — Mon, 9 Apr 2007 08:29:00 -0700

Western Capital CEO Robert Paisola recently began ranting about negative information being posted worldwide by Creditwrench CEO Billie Bauer. Here's an excerpt:

Western Capital CEO Robert Paisola seems be under the impression that the best way to defend against negative information is to begin posting peoples names, addresses, phone numbers, etc. in an intimidating fashion.

Similar to the way in which he offered a $10,000 reward for information about yours truly (though my personal information if readily available on the internet). Threatening that I would be arrested, go to prison, be sued, and various and assorted other nonsense in a futile attempt to intimidate me.

However, not once has Robert Paisola ever offered to show that information about him contained in this blog, and elsewhere, is false.

He's certainly had ample opportunity. In fact, I emailed Western Capital CEO Robert Paisola on more than one occasion giving him ample opportunity to provide information to prove I was wrong. Those emails went unanswered. Not surprising, considering this blog contains nothing but true statements.

That would be true "self defense", a term Western Capital CEO Robert Paisola misuses in his most recent efforts of "investigating" Creditwrench CEO Billie Bauer.

Bobby boy, how about using The Truth as a defense? Oh, that's right, The Truth is already being posted here.

From another blog

noreply@blogger.com (E. Normis Debtor) — Sat, 7 Apr 2007 15:58:00 -0700

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.

Robert Paisola comments on Statute of Limitations

noreply@blogger.com (E. Normis Debtor) — Wed, 4 Apr 2007 02:41:00 -0700

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:

The SOL is based on where you live

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.

Might as well pose the question to Creditwrench CEO Billie Bauer if you're looking for bad advice.

Ripoff report

noreply@blogger.com (E. Normis Debtor) — Fri, 16 Mar 2007 20:47:00 -0700

Interesting post at http://www.ripoffreport.com/reports/ripoff238901.htm regarding Western Capital CEO Robert Paisola.

Seems I have an email somewhere from Western Capital CEO Robert Paisola claiming he and a group of "investors" were looking to purchase http://www.ripoffreport.com/

What happened Rob? Guess $35 for a coaching session doesn't go too far.

35 bucks! Maybe Western Capital CEO Robert Paisola should have negotiated a whole 37 bucks and then he'd be able to increase the court ordered amount he is paying as restitution to certain financial institutions vicitmized by his fraudulent credit applications.

Why would someone so "successful" need to falsify loan applications?