AVOYELLES PAYDAY ADVANCES, LLC v. Trista M. GRIFFIN.
Derrick M. Whittington, Whittington Law Practice, Marksville, Los Angeles, for Plaintiff/Appellant, Avoyelles Pay Day Loans, LLC. Trista M. Griffin, Bunkie, Los Angeles, for Defendant/Appellee, In Proper Individual.
Derrick M. Whittington, Whittington Law Practice, Marksville, Los Angeles, for Plaintiff/Appellant, Avoyelles Pay Day Loans, LLC.
Trista M. Griffin, Bunkie, Los Angeles, for Defendant/Appellee, In Proper Individual.
Court made up of JOHN D. SAUNDERS, JIMMIE C. PETERS, and JAMES T. GENOVESE, Judges.
Plaintiff, Avoyelles payday advances, LLC (payday advances), appeals the test court’s judgment in support of Defendant, Trista M. Griffin, dismissing its suit on a promissory note. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
May 20, 2010, Ms. Griffin executed a promissory note with payday advances when you look at the number of $275.00, payable within one installment of $275.00 on 7, 2010 june. Ms. Griffin additionally issued a check to pay day loans for $275.00 dated June 7, 2010. Nevertheless, the check ended up being drafted on a shut account; hence, there have been insufficient funds to cover the check. Thereafter, pay day loans switched the situation up to the Avoyelles Parish District Attorney’s useless Check Division. The region lawyer’s workplace contacted Ms. Griffin in regards to the check that is worthless. Ms. Griffin then produced re re payment of $386.08 towards the region lawyer’s workplace on August 23, 2010. Subsequent thereto, the region lawyer’s workplace mailed $305.54 to pay day loans, the receipt of that was recognized by the signature of Francis Keller, who owns payday advances, on 31, 2010 august.
The region lawyer’s workplace retained $80.54 for an assortment cost.
May 9, 2013, Payday Loans filed a Petition on Promissory Note seeking the quantities presumably due from the note that is promissory. Ms. Griffin replied the lawsuit doubting pay day loans’ allegations.
ASSIGNMENT OF MISTAKE
In its single project of mistake, payday advances asserts that the test court erred in neglecting to honor it damages and lawyer charges against Ms. Griffin pursuant into the note that is promissory.
legislation AND CONVERSATION
After test from the merits, the test court issued a viewpoint wherein it established the facts which were proven at test and its particular good reasons for ruling, saying the following:
The sum of the $ 305.54 went along to the Plaintiff which evidently covered the amount of the check ($275.00), the cost charged by the lender ($ 25.00)[,] and one more number of $ 5.54 which will be either interest or even the price of giving an avowed page. At any rate[,] the Court is regarding the viewpoint that Ms. Griffin should certainly depend on the re re payment that she designed to clear any debt up she owed to the Plaintiff. Through the test, Mr. Francis Keller, President of Avoyelles payday advances, [LLC] had been expected by his lawyer what the total amount ended up being that has been owed by Ms. Griffin following the re payment of $ 305.54. He had been struggling to show up having a stability. If there was clearly a stability owed, why wait almost three years to aim collection? Ms. Griffin received the sum of the $ 225.00 may 20, 2010[,] which is why she paid the sum of the $ 386.08 in August of 2010. The Court is certain that Ms. Griffin will have compensated whatever amount requested by the District Attorney for restitution into the Plaintiff. The Court discovers and only the Defendant[ ] and contrary to the Plaintiff at Plaintiff’s price.
Payday advances argues in its brief to this court that вЂњ[t]he [d]istrict [a]ttorney’s involvement in cases like this was just to solve the problem of this useless check, maybe perhaps not gathering the total amount on a available account.вЂќ Particularly, nevertheless, the be sure ended up being came back for insufficient funds had been for re re re payment associated with loan in complete; it absolutely was maybe maybe perhaps not a payment that is installment. There have been no staying repayments to be produced by Ms. Griffin to fulfill her payment responsibilities. Undisputedly, the region lawyer ended up being effective in gathering the level of the check, and re re payment of $305.54 ended up being designed to payday advances in August 2010.
Conceivably, it had been the date for this fax that Mr. Keller ended up being referencing, mistakenly, in the conference that is pretrial the date re re re re payment had been gotten.
Based on the data, it absolutely was demonstrably founded that Ms. Griffin issued a useless search for $275.00 which is why she remitted re payment totaling $386.08 on August 23, 2010. The region lawyer then forwarded $305.54 to payday advances, that was acquiesced by Mr. Keller on 31, 2010 august. Ms. Griffin ended up being never told by them again for years that she still owed money to Payday Loans, and she was not contacted. Ms. Griffin later consented, in the pretrial meeting, to pay for an extra $150.00 to pay day loans based on Mr. Keller’s erroneous representation that payday advances wasn’t compensated until 2013. The viewpoint for the test court accurately sets forth the important points and proof, and we also find no manifest mistake in the test court’s judgment and only Ms. Griffin.
Appellate courts are to utilize the manifest mistake standard of review to your test court’s factual determinations. See Granger v. Calcasieu Parish Police Jury, 14вЂ“111 (La.App. 3 Cir. 6/18/14), 140 So.3d 1283.
As inferred by the test court, we likewise realize that when pay day loans opted to utilize the вЂњstrong supplyвЂќ regarding the region lawyer to aid it in gathering the quantity it reported had been owed by Ms. Griffin, after which accepted the total amount gathered because of the region lawyer’s workplace from Ms. Griffin, payday advances’ claim against Ms. Griffin had been completely pleased and extinguished. To rule otherwise will allow double-dipping and a collection that is excessive.
The judgment of the trial court in favor of Trista M. Griffin, dismissing the claims of Avoyelles Payday Loans, LLC, is affirmed for the foregoing reasons. Expenses for this appeal are examined to Avoyelles payday advances, LLC.