Opinion Number

Dear Mr. Abadie:

This office is in receipt of your opinion request dated June 13, 1995. You ask whether the Clerk of Court, in order to cancel a judgment, is required not only to secure the consent of the person in whose favor the judgment runs, but also the consent of the attorney representing the party, when the judgment provides for an award of attorney's fees.

LSA-R.S. 9:326 mandates:

The recorders of mortgages shall forthwith cancel and erase from their records any judgment or order in their office as provided in R.S. 9:325 upon the order of the person in whose favor said judgment or order…