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Thelawman2
Thelawman2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1055
Experience:  Licensed Attorney
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I need help with a civil matter. I had my AC unit fixed just

Customer Question

I need help with a civil matter. I had my AC unit fixed just under 3 years ago in September 2013. I was told if I wanted to fix it it would be between $1600-1800 or to replace it would be about $3000.00. I said fix it but if it were going to be more expensive to let me know first. Well I received a bill for $2951.00 and called and left him a voicemail that I wanted to discuss this with him because it was almost double what we had discussed. This is back in October, 2013. He did not respond to my call. I called him again and left him another message asking him to call me which he never did. As time went on I forgot about it and then in July this year, 2016 he has asked for his money. I called him on July 7 and July 15 and once again he did not respond. Now I've received a letter from an attorney stating that he is seeking legal action if there is no resolution by September 2, 2016. In the letter the attorney is asking me to contact him directly which I have already attempted twice in July. I am wondering what are my rights? Also, I did not sign any work order with him either. The attorney through at me civil code 3287.
Thank you for your help,
Kim
Submitted: 3 months ago.
Category: Consumer Protection Law
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Thelawman2 replied 3 months ago.

Hello, my name is ***** ***** I will be helping you today.

Expert:  Thelawman2 replied 3 months ago.

Civil Code 3287 is just a provision which says that a person is entitled to recover interest for any failure to pay. It does not actually provide a cause of action. Was there a written agreement between you and the A/C installer?

Expert:  Thelawman2 replied 3 months ago.

If there wasn't, California provides for a statute of limitations on breaches of contracts of 2 years. Since it is past the two year mark, the A/C installer cannot now bring a suit almost three years later to recover the payment. You can cite the following civil code to the opposing attorney:

339. Within two years: 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code; or an action founded upon a contract, obligation or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.

Customer: replied 3 months ago.
Thank you for responding. There was no written contract between us. I did not sign anything. Should I let him take me to court?
Expert:  Thelawman2 replied 3 months ago.

You can let him take you to court and make your defense that the statute of limitations has passed. Or you can make that argument to the opposing lawyer and he may decide it is not even worth his time to bring the case (thus avoiding you the hassle).

Customer: replied 3 months ago.
Alright, again thank you. I will write a letter to the opposing attorney but Is there any possibility that he could win if they choose to take it to court?
Expert:  Thelawman2 replied 3 months ago.

Without hearing every aspect of your case and taking in all facts of what happened, I cannot ever say that there is no possibility of them winning. I think the best approach is to write a letter and see what their response is. Then, you can come back to this website and get additional help if they have a rebuttal to what you say.

Customer: replied 3 months ago.
Hi this is a copy of the letter I drafted for the opposing attorney. Are you ablate review it and let me know what I should add or remove?Re: Outstanding Ashford Heating & Cooling invoiceDear Mr. McMullen:This letter is in response to the letter received from your firm regarding the above mentioned invoice for Ashford Heating & Cooling. Mr. Ashford and I did not enter into a written contract nor did we enter into an oral contract with the amount he is charging. Additionally, California Statute of Limitations states that Mr. Ashford needed to file a suit within two years of breach of an oral contract, also pursuant to Civil Code section 339. Within two years: 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code; or an action founded upon a contract, obligation or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.Although you have asked me to directly contact Mr. Ashford, I will have you know that I have attempted to contact Mr. Ashford on more than one occasion regarding this matter. Most recently I attempted to reach him on July 7, 2016 at 1:00pm at the number(###) ###-####as well as July 15, 2016 at 1:41pm at the number(###) ###-#### Both times I left a voicemail asking him to return my call to discuss the outstanding invoice. Mr. Ashford failed to return either one of my calls. Furthermore, in October, 2013 when I first received the invoice, I immediately called to discuss this with Mr. Ashford as this was not what we discussed and I was completely taken by surprise at the amount he was charging. Mr. Ashford stated he could fix the unit for between $1600.00 and $1800.00 but I specifically told him if it goes above that please contact me so that I can decide if I would like to continue. Mr. Ashford failed to contact me, he proceeded to fix the unit without my permission. Hence the invoice arrived and I called but did not receive a response. I also followed up with an additional phone call regarding the invoice stating that I had not heard from him and to please contact me to discuss this. Once again, no response. I did not hear from him until July, 2016, almost three years after the incident. Once again, California Statute of Limitations states that Mr. Ashford had two years to file a suit which he did not. He also failed to return any of my phone calls requesting to speak with him to come to a resolution.If Mr. Ashford would like to discuss this further he can contact me at(###) ###-####as offered multiple times before.Respectfully,
Expert:  Thelawman2 replied 3 months ago.

I would not include that he can discuss it further with you by contacting you at the number. He has no reason to make a claim against you anymore so there is no reason he should need to contact you.