Could a Louisiana clerk cancel a forfeited appearance bond judgment without a court order?

Plain-English summary

Caldwell Parish's clerk of court asked whether a forfeiture judgment on an appearance bond could be canceled without a court order. The official opinion answered no. The AG found no Louisiana authority allowing the clerk to cancel that judgment based only on a peremption affidavit.

The opinion pointed to the Code of Criminal Procedure's direction that the court order cancellation of a bail obligation when liability ended. It also quoted a provision for a mortgage securing bail that called for the recorder to cancel the mortgage on a court order. The AG distinguished lapse of a mortgage recordation after a stated period from cancellation of a judgment already entered.

Currency note

This opinion was issued in 2023. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was a peremption affidavit enough for the clerk to cancel the forfeiture judgment?
No. The AG said no law gave the clerk that cancellation power on the affidavit alone.

Who had to authorize cancellation?
The court. The opinion said an order was required to cancel the judgment of forfeiture.

Did the mortgage-recordation rule change that answer?
No. The provision discussed recordation of a mortgage securing bail; the AG still required a court order where a forfeiture judgment had been entered.

Background and statutory framework

The opinion relied on Louisiana Code of Criminal Procedure article 331 (L) for cancellation of a bail obligation and discussed Louisiana Code of Civil Procedure Article 323(E) for a mortgage used as bail security. Its answer concerns a judgment of forfeiture on an appearance bond.

Citations and references

Law cited: Louisiana Code of Criminal Procedure article 331 (L); Louisiana Code of Civil Procedure Article 323(E).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0044

Original opinion text

State of Louisiana
DEPARTMENT OE JUSTICE
CRIMINAL DIVISION
RD. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
Attorney General
May 18, 2023
OPINION 23-0044

8 BONDS — Surety
Ms. Cherie Lott
[8 C
CaIdwell Parish Clerk of Court
SuldP
art 323
Post Office Box 1327
A court order is required br a clerk of court to cancel a
Columbia, Louisiana 71418
judgmenl of forfeiture on an appearance bond

Dear Ms. [ott:

Your request for an Attorney General’s Opinion has been assigned to me for research and reply. You have asked the following question:

Is a court order required for a clerk of court to cancel a judgment of forfeiture on an appearance bond?

Yes, a court order is required for a clerk of court to cancel a judgment of forfeiture on an appearance bond. There appears to be no authority in Louisiana law that allows for the cancellation of a judgment of forfeiture on an appearance bond without a court order.

Louisiana Code of Criminal Procedure article 331 (L) states the court shall order the bail obligation canceled when there is no further liability thereon.” Moreover, there is no Louisiana Code of Criminal Procedure article and/or Louisiana Revised Statute that gives a clerk of court the power to cancel a judgment of forfeiture on an appearance bond based upon a “peremption affidavit”. Rather, [a. C.Cr. P. art. 331 (L) specifically states ‘the court shall order” the cancellation of a “bond obligation”.

Louisiana Code of Civil Procedure Article 323(E) pertaining to secured personal surety provides that when bail is secured by a mortgage on immovable property ‘[t]he recorder shall cancel the mortgage from his records upon the order of the court’ or [i]n all other cases, the effect of its recordation shall cease ten years after its recordation unless it is reinscribed in the manner otherwise provided by law.” Where the court has entered a judgment of forfeiture, an order of the court is required to cancel the judgment.

Page 2

Ms. Cherie LoU
Opinion 23-0044
Page 2

We hope this sufficiently answers your inquiry. If we may be of further assistance, please
do not hesitate to contact our office.

With best regards,

JEFF LAN DRY

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Lo Willis
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Assistant Attorney General