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Frequently Asked Questions

The Solutions Law Center provides the following answers to frequently asked questions for the benefit of people in San Diego and Southern California seeking information regarding bankruptcy and debt relief and other important legal matters. If you have other questions related to bankruptcy, divorce, DUI/DWI, automobile accidents, or immigration, or if you need legal advice and representation in any of these areas, contact The Solutions Law Center for immediate assistance.

Q. What is an "automatic stay?"
A. When you file a bankruptcy petition, the court institutes an automatic stay which places all your creditors on notice that you have filed for bankruptcy. Your creditors must immediately stop all attempts to collect on their debt while the bankruptcy petition is pending. This includes attempts to foreclose on your house or repossess your car or other possessions. A creditor must get special permission from the court, known as relief from the stay, in order to resume its debt collection efforts during the bankruptcy.

Q. Is filing for bankruptcy the only way to end creditor harassment?
A. The Fair Debt Collection Practices Act (FDCPA) regulates the behavior that collection agencies can engage in when trying to collect a debt. Bill collectors are not allowed to contact you before 8:00 a.m. or after 9:00 p.m., and they may not contact you at work if they have been notified that you are not allowed to receive calls at work. You can also inform a bill collector to stop contacting you at all, and they must comply unless and until they can send you written verification of the debt. Collection agencies may contact others, such as your friends and neighbors, but only for limited purposes, and they are limited in what they can say. Above all, they must not use false, deceptive, abusive, or harassing methods to collect a debt. You can sue companies that violate this law.

The FDCPA only applies to collection agencies who have purchased your debt or who have contracted with a creditor to collect payment on their behalf. Individual creditors are not covered under the Act, although they must stop trying to collect a debt once an automatic stay is put in place by a bankruptcy court.

Q. Is DUI a felony or a misdemeanor?
A. In most cases it is a misdemeanor, although there are several ways a DUI can be charged as a felony. For instance, if you cause an accident that results in bodily injury to another, and the police suspect that you were driving under the influence at the time, you can be charged with felony DUI. Also, if you have three or more DUI convictions within the last ten years and are arrested under suspicion of driving while intoxicated, your DUI can be charged as a felony. Felonies are serious crimes, and conviction can lead to prison sentences of a year or more and other costly penalties.

Even a misdemeanor conviction can result in costly fines, penalties, surcharges, and court costs, not to mention the possibility of jail time. A criminal conviction can also affect your ability to obtain certain employment and damage your reputation and social standing. Every DUI charge should be taken seriously and handled by an experienced, competent DUI attorney. If you have been arrested and charged with DUI/DWI, contact The Solutions Law Center for a free consultation.