Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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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?
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.
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).
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.
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.