The simple answer is that if you lose your job and could not pay the HELOC, you could lose your home to a foreclosure. You should consider your ability in the future to pay back the loan before taking out a loan.
You should retain an attorney. You cannot file a lien without a judgment. You will need to file a lawsuit to get a judgment. For this amount of money, a lawyer should be used. You should be able to find someone to handle it on a contingency basis.
You are responsible for making sure the summons and complaint were served. If you have an attorney, he or she will do it for you. Just ask your attorney for an update. If you do not have an attorney, you must hire a process server or have the sheriff serve the defendant. Most private process servers will not work with pro se parties. The sheriff will do it upon completing the paperwork and paying the fee, but it may take some time as this is one of the last things on their list to do.
Can your house be taken? Yes. Would it be taken? Probably not. But, here is a better question: should you wait for it to get that far? That answer is probably not. If you incurred the debts, you should try to negotiate a resolution with the provider. If you cannot negotiate a resolution, have an attorney to do it on your behalf. You are better off trying to resolve these issues before you get sued.
They cannot garnish your wages until they sue you and obtain a judgment. Once they get a judgment, they could garnish your wages or execute on your savings account. You should sit down with an attorney to see if you have any defenses to their lawsuit. Time is of the essence!
If this is the first correspondence, you should send them a letter demanding validation of the debt. Then do nothing. If this is not the first letter from them, do not respond. When you get the notice of arbitration, you should send a letter stating that the statute of limitations has passed and presenting your evidence. It should be in the form of a legal pleading.
You should also consult with an attorney about a FDCPA or Rosenthal Act case.
You should deposit the check and not bother going after the $270. Even if you win, there is no guarantee that you will collect it. In fact, it sounds like the other party knows the routine and has frustrated you so far. In the future, you should refer the matter to an attorney 30 to 60 days after it is late. Most collection agencies can only send letters or make phone calls. They cannot sue the debtor and you just waste time trying to collect your money. Either ask your business attorney if he...
This is going to turn on what the offer letter says. If the offer really did not expire, you can make an argument that it is paid in full. However, at this point, you would need to file a claim of exemption to stop the wage garnishment. You should have been served with a copy of the notice. You can find the forms at www.courtinfo.ca.gov/forms along with instructions for completing them. You should also have the paperwork reviewed by an attorney to see if you might have any other arguments,...
Neither. The statute of limitations runs from the date of last activity which is usually either the date of last payment or the date of the last charge. You can read more at my blog http://www.californaidebtblog.com which also discusses this and provides the Statute of LImitations for many states.