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Avoyelles Payday Loans, LLC v. Griffin

Court of Appeal of Louisiana, Third Circuit

December 10, 2014

AVOYELLES PAYDAY LOANS, LLC
v.
TRISTA M. GRIFFIN

APPEAL FROM THE BUNKIE CITY COURT, PARISH OF AVOYELLES, DOCKET NO. 2013-24. HONORABLE JAMES H. MIXON, CITY COURT JUDGE.

Derrick M. Whittington, Whittington Law Firm, Marksville, Louisiana, COUNSEL FOR PLAINTIFF/APPELLANT: Avoyelles Payday Loans, LLC.

Trista M. Griffin, DEFENDANT/APPELLEE: In Proper Person, Bunkie, Louisiana.

Court composed of John D. Saunders, Jimmie C. Peters, and James T. Genovese, Judges.

OPINION

[14-653 La.App. 3 Cir. 1] GENOVESE, Judge.

Plaintiff, Avoyelles Payday Loans, LLC (Payday Loans), appeals the trial court's judgment in favor of Defendant, Trista M. Griffin, dismissing its suit on a

Page 1274

promissory note. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On May 20, 2010, Ms. Griffin executed a promissory note with Payday Loans in the amount of $275.00, payable in one installment of $275.00 on June 7, 2010. Ms. Griffin also issued a check to Payday Loans for $275.00 dated June 7, 2010. However, the check was drafted on a closed account; thus, there were insufficient funds to pay the check. Thereafter, Payday Loans turned the matter over to the Avoyelles Parish District Attorney's Worthless Check Division. The district attorney's office contacted Ms. Griffin about the worthless check. Ms. Griffin then made a payment of $386.08 to the district attorney's office on August 23, 2010. Subsequent thereto, the district attorney's office mailed $305.54 to Payday Loans, the receipt of which was acknowledged by the signature of Francis Keller, the owner of Payday Loans, on August 31, 2010.[1]

On May 9, 2013, Payday Loans filed a Petition on Promissory Note seeking the amounts allegedly due on the promissory note. Ms. Griffin answered the lawsuit denying Payday Loans' allegations.

The parties participated in a pretrial conference on September 18, 2013. At the pretrial conference, Mr. Keller advised the trial court that Payday Loans had not received the $305.54 payment from the district attorney's office until April 2013. Based upon this information, Ms. Griffin agreed to pay Payday Loans an additional $150.00 to settle the matter.

[14-653 La.App. 3 Cir. 2] Before making a payment to Payday Loans, Ms. Griffin contacted the district attorney's office and questioned why nearly three years had elapsed before it sent the payment to Payday Loans. At that time, Ms. Griffin was given a copy of a letter from the district attorney's office to Payday Loans forwarding the $305.54 payment to Payday Loans on August 23, 2010. The letter contained the signature of Mr. Keller dated August 31, 2010, acknowledging Payday Loans' receipt of $305.54. Thereafter, Ms. Griffin moved the trial court to have the matter set for trial on the merits.

Following trial on November 22, 2013, the trial court found in favor of Ms. Griffin and dismissed the claims of ...


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