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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 Attorney, Marksville, Los Angeles, for Plaintiff/Appellant, Avoyelles Pay Day Loans, LLC.

Trista M. Griffin, Bunkie, Los Angeles, for Defendant/Appellee, In Proper Individual.

Court consists of JOHN D. SAUNDERS, JIMMIE C. PETERS, and JAMES T. GENOVESE, Judges.

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Plaintiff, Avoyelles payday advances, LLC (payday advances), appeals the test court’s judgment and only Defendant, Trista M. Griffin, dismissing its suit for a promissory note. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

May 20, 2010, Ms. Griffin executed a note that is promissory pay day loans when you look at the number of $275.00, payable in a single installment of $275.00 on June 7, 2010. Ms. Griffin additionally issued a check to pay day loans for $275.00 dated June 7, 2010. Nonetheless, the check had been drafted for an account that is closed therefore, there have been inadequate funds to pay for 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 concerning the check that is worthless. Ms. Griffin then made a re payment of $386.08 to your region lawyer’s workplace on August 23, 2010. Subsequent thereto, the district lawyer’s workplace mailed $305.54 to payday advances, the receipt of that has been acquiesced by the signature of Francis Keller, the master of payday advances, on August 31, 2010.

The region lawyer’s workplace retained $80.54 for a group cost.

May 9, 2013, Payday Loans filed a Petition on Promissory Note seeking the quantities presumably due regarding the note that is promissory. Ms. Griffin responded the lawsuit doubting payday advances’ allegations.

ASSIGNMENT OF MISTAKE

With its single project of mistake, payday advances asserts that the test court erred in failing woefully to honor it damages and lawyer costs against Ms. Griffin pursuant to your note that is promissory.

legislation AND CONVERSATION

After test in the merits, the test court issued an impression wherein it established the known facts which were proven at test as well as its good reasons for ruling, saying the following:

The sum of the $ 305.54 decided to go to the Plaintiff which evidently covered the total amount of the check ($275.00), the cost charged by the lender ($ 25.00), and one more number of $ 5.54 that is either interest or even the price of delivering a letter that is certified. At any rate, the Court is associated with viewpoint that Ms. Griffin should certainly depend on the re payment that she meant to clear any debt up she owed to your Plaintiff. Through the test, Mr. Francis Keller, President of Avoyelles payday advances, LLC ended up being expected by his lawyer what the total amount ended up being which was owed by Ms. Griffin following the re payment of $ 305.54. He had been struggling to show up having a stability. If there clearly was a stability owed, why wait almost three years to try collection? Ms. Griffin received the sum $ 225.00 may 20, 2010, which is why she paid the sum $ 386.08 in of 2010 august. The Court is certain that Ms. Griffin could have compensated whatever amount required by the District Attorney for restitution to your Plaintiff. The Court discovers in support of the Defendant and resistant to the Plaintiff at Plaintiff’s price.

Payday advances argues in its brief to this court that “the district attorney’s involvement in this situation was just to solve the problem associated with useless check, perhaps maybe not collecting the total amount for a open account.” Particularly, nevertheless, the be sure had been came back for inadequate funds ended up being for re re payment associated with loan in complete; it absolutely was maybe maybe perhaps not an installment payment. There have been no staying repayments to be produced by Ms. Griffin to meet her payment responsibilities. Undisputedly, the region lawyer ended up being effective in gathering the quantity of the check, and re re payment of $305.54 had been designed to payday advances in August 2010.

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 payment had been gotten.

Based on the data, it absolutely was plainly founded that Ms. Griffin issued a useless search for $275.00 which is why she remitted re re re re payment totaling $386.08 on August 23, 2010. The region lawyer then forwarded $305.54 to pay day loans, that was acquiesced by Mr. Keller on August 31, 2010. Ms. Griffin had been 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 conference that is pretrial to cover yet another $150.00 to pay day loans in relation to Mr. Keller’s erroneous representation that payday advances was not compensated until 2013. The viewpoint regarding the test court accurately sets forth the important points and proof, and now we find no error that is manifest the test court’s judgment in support of 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, 14–111 (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 utilize the “strong supply” associated with the region lawyer to aid it in gathering the total amount it stated 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.

DECREE

When it comes to foregoing reasons, the judgment regarding the test court in support of Trista M. Griffin, dismissing the claims of Avoyelles payday advances, LLC, is affirmed. Expenses with https://personalinstallmentloans.org/payday-loans-nm/ this appeal are examined to Avoyelles payday advances, LLC.