AVOYELLES PAY DAY LOANS, LLC v. Trista M. GRIFFIN.
Derrick M. Whittington, Whittington Law Practice, Marksville, Los Angeles, for Plaintiff/Appellant, Avoyelles Payday Advances, 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 trial court’s judgment and only Defendant, Trista M. Griffin, dismissing its suit for a note that is promissory. For the reasons that are following we affirm.
FACTS AND PROCEDURAL HISTORY
May 20, 2010, Ms. Griffin executed a promissory note with pay day loans into the number of $275.00, payable in a single installment of $275.00 on June 7, 2010. Ms. Griffin also issued a check to pay day loans for $275.00 dated June 7, 2010. Nonetheless, the check had been drafted on an account that is closed therefore, there have been inadequate funds to pay for the check. Thereafter, pay day loans switched the problem up to the Avoyelles Parish District Attorney’s Worthless Check Division. The region lawyer’s workplace contacted Ms. Griffin in regards to the useless check. Ms. Griffin then produced re re payment of $386.08 to your region lawyer’s workplace on 23, 2010 august. Subsequent thereto, the district lawyer’s workplace mailed $305.54 to payday advances, the receipt of that was acquiesced by the signature of Francis Keller, the master of pay day loans, on August 31, 2010.
The district lawyer’s workplace retained $80.54 for an assortment charge.
May 9, 2013, Payday Loans filed a Petition on Promissory Note seeking the quantities presumably due in the note that is promissory. Ms. Griffin responded the lawsuit denying payday advances‘ allegations.
ASSIGNMENT OF MISTAKE
In its single project of mistake, pay day loans 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 regarding the merits, the test court issued an impression wherein it established the facts that have been proven at test as well as its good reasons for ruling, saying the following:
The sum of the $ 305.54 went along to the Plaintiff which evidently covered the total amount of the check ($275.00), the cost charged by the lender ($ 25.00), and yet another quantity of $ 5.54 which can be either interest or the price of giving a professional page. At any rate, the Court is for the viewpoint that Ms. Griffin should certainly count on the re re payment that she built to clear up any financial obligation she owed to your Plaintiff. Throughout the test, Mr. Francis Keller, President of Avoyelles pay day loans, LLC had been expected by his lawyer what the total amount had been that has been owed by Ms. Griffin following the re re re re payment of $ 305.54. He had been not able to show up having a stability. If there is a stability owed, why wait nearly three years to try collection? Ms. Griffin received the sum $ 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 paid whatever amount required by the District Attorney for restitution into the Plaintiff. The Court discovers and only the Defendant and resistant to the Plaintiff at Plaintiff’s price.
Pay day loans argues in its brief to this court that вЂњthe district attorney’s involvement in this situation was just to solve the problem associated with the useless check, maybe maybe maybe not gathering the total amount on Ohio payday loans direct lenders a available account.вЂќ Particularly, nevertheless, the make sure that had been came back for inadequate funds had been for payment regarding the loan in complete; it absolutely was perhaps maybe perhaps not an installment payment. There have been no payments that are remaining be produced by Ms. Griffin to meet her payment responsibilities. Undisputedly, the region lawyer had been successful in gathering the level of the check, and re re payment of $305.54 ended up being meant to pay day loans in 2010 august.
Conceivably, it had been the date of the fax that Mr. Keller ended up being referencing, mistakenly, in the conference that is pretrial the date re re re payment ended up being gotten.
In relation to the data, it absolutely was plainly founded that Ms. Griffin issued a useless look for $275.00 which is why she remitted re re re payment totaling $386.08 on August 23, 2010. The region lawyer then forwarded $305.54 to payday advances, that has been acquiesced by Mr. Keller on August 31, 2010. Ms. Griffin had been never told that she nevertheless owed cash to pay day loans, and she had not been contacted by them once more for decades. Ms. Griffin later agreed, in the pretrial meeting, to cover an extra $150.00 to payday advances based on Mr. Keller’s erroneous representation that pay day loans wasn’t compensated until 2013. The viewpoint associated with test court accurately sets forth the reality and proof, so we find no error that is manifest the test court’s judgment and only Ms. Griffin.
Appellate courts are to use the manifest mistake standard of review towards the 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 discover that when pay day loans opted to make use of the arm that isвЂњstrong associated with region lawyer to help it in gathering the total amount it reported had been owed by Ms. Griffin, after which accepted the total amount gathered by 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.