Attorney or not to Attorney?! Property Damage Lawsuit

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winkiesmom

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I'm not sure if I need to find an attorney to represent me or if I am able to file an "answer" on my own. While on vacation, my husband and I were rear-ended by a drunk driver November 2010 in a rental vehicle to which we declined insurance coverage. We reside in Texas but rented the car in Ontario, CA. I believe we were on Interstate 10 heading back to Ontario from Los Angeles. It was around midnight and we did not know exactly where we were. There were no personal injuries. When we returned the vehicle we also provided copies of the police report and assumed the man's insurance would cover the damages. The rental company is now suing us for the damages (approx 6K); we were served with court papers early June. The court papers list Superior Court of California, County of San Bernardino.

I located forms to file an answer online however I can not decipher them and was also told there was a filing fee. Even if I could get the forms filled out accurately, what's the next step in filing? Notary? Mail in response w/check? money order? I need to do this before month end and that deadline is quickly approaching.

Is anyone able to provide the advice I need to do this on my own or is it suggested that I seek legal help?
 
If there were no personal injuries and there is only a small amount of money in controversy, then no attorney is necessary. It would be counterproductive if the cost of hiring an attorney would be greater than the total amount you might lose in a case. I don't understand why this other company filed in Superior Court unless they are also looking for attorneys' fees - so be aware of the fact that your damages might not just be capped at $6,000. In fact, in most complaints there are pleadings that are for "unspecified" amounts of money and which will be later determined by the court. In such cases, retaining an attorney - even for a proper legal consultation - might be an excellent investment. At that time you'll know how much money you really stand to lose and to better gauge whether hiring an attorney is worth the investment or you're better off rolling the dice. Good luck.
 
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