State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter15

CHAPTER 15 - ATTACHMENT, REPLEVIN AND GARNISHMENT

 

ARTICLE 1 - IN GENERAL

 

1-15-101. Applicability.

 

(a) This chapter shall apply to and govern:

 

(i) Attachment, replevin and garnishment proceedings in alldistrict courts and circuit courts of this state;

 

(ii) Post judgment garnishment in small claims proceedings asprovided by W.S. 1-21-205.

 

1-15-102. Definitions.

 

(a) As used in this chapter unless otherwise defined:

 

(i) "Attachment" means the procedure by which aplaintiff obtains a judicial lien on a defendant's property prior to judgment;

 

(ii) "Continuing garnishment" means any procedure forwithholding the earnings of a judgment debtor for successive pay periods forpayment of a judgment debt;

 

(iii) "Court" means any district court or circuit courtof this state;

 

(iv) "Defendant" means a person whose property isbeing attached, garnished or replevied by a plaintiff and includes a judgmentdebtor after entry of judgment;

 

(v) "Disposable earnings" means that part of anindividual's earnings remaining after the deduction of all amounts required bylaw to be withheld;

 

(vi) "Earnings" or "earnings from personalservices" means compensation paid or payable for personal services,whether denominated as wages, salary, commission, bonus, proceeds of anypension or retirement benefits or deferred compensation plan or otherwise;

 

(vii) "Garnishee" means a person other than a plaintiffor defendant who is in possession of earnings or property of the defendant andwho is subject to garnishment in accordance with the provisions of thischapter;

 

(viii) "Garnishment" means the procedure by which aplaintiff on whose behalf a writ of garnishment has been issued against adefendant reaches tangible or intangible personal property of the defendant inthe possession, control or custody of, or debts or other monetary obligationsowing by, a third person;

 

(ix) "Judgment creditor" means any person who hasrecovered a money judgment against a judgment debtor in a court of competentjurisdiction;

 

(x) "Judgment debtor" means any person who has ajudgment entered against him in a court of competent jurisdiction;

 

(xi) "Officer" means sheriff;

 

(xii) "Plaintiff" means a person who is attaching,garnishing or repleving property of a defendant and includes a judgmentcreditor after entry of judgment;

 

(xiii) "Replevin" means the procedure by which aplaintiff in a pending action to recover possession of property obtainsredelivery of property claimed to be wrongfully taken or detained.

 

1-15-103. General procedures relating to prejudgment writs ofattachment, replevin and garnishment; issuance of writs without notice.

 

(a) Prejudgment writs of attachment, replevin and garnishmentshall be issued subject to the following conditions and circumstances:

 

(i) The writ shall issue only upon written motion and pursuantto a written order of the court;

 

(ii) The court shall not direct the issuance of the writ withoutnotice to the adverse party and an opportunity to be heard unless it clearlyappears from specific facts shown by affidavit or by the verified complaintthat immediate and irreparable injury will result to the plaintiff beforenotice can be served and a hearing had thereon. A finding by the court thatthe plaintiff will suffer irreparable injury shall be made only if the courtfinds the existence of either of the following circumstances:

 

(A) There is present danger that the property will beimmediately disposed of, concealed, or placed beyond the jurisdiction of thecourt; or

 

(B) The value of the property will be impaired substantially ifthe issuance of an order of attachment is delayed.

 

(iii) An order granted without notice authorizing the issuance ofa writ shall be endorsed with the date and hour of issuance and shall be filedin the clerk's office and entered of record. The order shall define the injuryand state why the injury is irreparable and why the order was granted withoutnotice. The order, and any writ issued pursuant thereto, shall expire within atime fixed by the court, not to exceed ten (10) days after issuance. Within thetime fixed, the court may, after notice and hearing, order the writ continued in effect or the adverse party may consent that the writ may be extended for alonger period. The reasons for the extension shall be entered of record;

 

(iv) If the order granting the writ is issued without notice, ahearing thereon shall be set for the earliest reasonable time;

 

(v) At the hearing on the issuance of the writ or itscontinuance, the plaintiff shall have the burden of establishing the factsjustifying the issuance and continuance of the writ;

 

(vi) On notice to the plaintiff obtaining the issuance of thewrit without notice, the adverse party may appear and move dissolution ormodification of the writ, and in that event the court shall proceed to hear anddetermine the motion as expeditiously as possible;

 

(vii) Any notice required under this section shall be in a formand served in a manner as will expeditiously give the adverse party actualnotice of the proceeding, all as directed by the court;

 

(viii) In the event that property has been seized by the sheriffpursuant to the issuance of a writ without notice, the property shall beretained by him subject to the order of the court.

 

1-15-104. Prejudgment writs; bond required; objection to plaintiff'ssureties; hearing on objections; liability of sureties.

 

(a) No prejudgment writ of attachment, replevin or garnishmentshall issue unless the plaintiff files with the clerk a surety bond in anamount fixed by the court for the payment of all costs and damages which may beincurred or suffered by any party as a result of the wrongful issuance of thewrit, not exceeding the sum specified in the bond.

 

(b) If the party for whose benefit a bond under subsection (a)of this section is given is not satisfied with the amount of the bond or thesufficiency of the sureties, he may, within five (5) days, excluding Saturdays,Sundays and legal holidays, after the receipt of a copy of the bond, serve uponthe party giving the bond a notice that the party for whose benefit the bond isgiven objects to the amount of the bond or the sufficiency of the sureties. Ifthe party for whose benefit the bond is given fails to object within the timeallowed he is deemed to have waived all objection to the amount of bond and thesufficiency of the sureties.

 

(c) Notice of objections to the amount of bond and thesufficiency of sureties as provided in subsection (b) of this section shall befiled in the form of a motion for hearing on objections to the bond. Upondemand of the objecting party, each surety shall appear at the hearing of themotion and be subject to examination as to the surety's pecuniaryresponsibility or the validity of the execution of the bond. Upon hearing, thecourt shall approve or reject the bond as filed or require any amended,substitute or additional bond as the circumstances warrant. If the courtrejects the bond or if the plaintiff fails within the time allowed to file anyamended, substitute or additional bond required by the court, any propertyseized under the writ shall be returned to the defendant.

 

(d) The bond required by this section shall, in addition toother requirements, provide that each surety is subject to the jurisdiction ofthe court and irrevocably appoints the clerk of the court as the agent of thesurety upon whom any papers affecting the liability of the surety on the bondmay be served, and that the liability of the surety may be enforced on motionand upon notice as the court may require without the necessity of anindependent action.

 

1-15-105. Writs; release of property or discharge of writ; undertakingrequired; objections to defendant's sureties; liability of sureties.

 

(a) At any time, either before or after the execution of a writof attachment, replevin or garnishment, the defendant may obtain a release ofany property or a discharge of the writ as follows:

 

(i) To secure a discharge of the attachment or garnishment thedefendant shall furnish a bond, with sufficient sureties, in a sum of not lessthan double the amount claimed by the plaintiff, but not less than fiftydollars ($50.00) in amount. The conditions of the bond shall be to the effectthat if the plaintiff recovers judgment, the defendant will pay the judgmenttogether with interest and all costs assessed against him, not exceeding thesum specified in the bond;

 

(ii) To secure a release of property seized under a writ ofattachment, replevin or garnishment, the defendant shall furnish a bond, withsufficient sureties, in a sum not less than the value of the property to bereleased, but in no case in an amount greater than necessary to obtain adischarge of the writ under paragraph (i) of this subsection. The conditionsof the bond shall be to the effect that if the plaintiff recovers judgment, thedefendant will pay the judgment, together with interest and all costs assessedagainst him, not exceeding the sum specified in the bond.

 

(b) The bond required by subsection (a) of this section shallbe delivered to the sheriff at or before the time of service of the writ ofattachment, replevin or garnishment. If the release or discharge is soughtafter the writ has been executed or the property seized, the defendant shallapply to the court, upon reasonable notice to the plaintiff, for an orderreleasing the property or discharging the writ.

 

(c) The bond required by subsection (a) of this section shallbe filed with the court, and a copy of the bond served upon the plaintiff. Within five (5) days, excluding Saturdays, Sundays and legal holidays, afterthe plaintiff is served with notice of the filing of the bond required bysubsection (a) of this section the plaintiff may object to the amount of thebond or the sufficiency of defendant's sureties, by serving upon the defendantand filing with the court a motion for hearing on objection to bond.

 

(d) Upon demand of the plaintiff, each surety shall appear atthe hearing requested under subsection (c) of this section, and be subject toexamination as to the surety's pecuniary responsibility or the validity of theexecution of the bond. Upon hearing, the court shall approve or reject thebond as filed or require any amended, substitute or additional bond as thecircumstances warrant.

 

(e) Upon a discharge of the writ or release of the propertyunder this section, all of the property released, if not sold, and the proceedsof any sale of the property, shall be delivered to the defendant. The releaseor discharge by the court shall not be effective until the time for plaintiffto object to the amount of the bond or the sufficiency of the defendant'ssureties has expired.

 

(f) The bond required by this section shall, in addition toother requirements, provide that each surety is subject to the jurisdiction ofthe court and irrevocably appoints the clerk of the court as his agent uponwhom any papers affecting the liability of the surety on the bond may beserved, and that his liability may be enforced on motion and upon notice as thecourt may require without the necessity of an independent action.

 

1-15-106. Discharge of improperly issued writs.

 

Thedefendant may at any time, upon notice to the plaintiff as the court mayrequire, move the court in which the action is pending, to have a writ ofattachment, replevin or garnishment discharged on the ground that it wasimproperly or irregularly issued. The court shall give the plaintiff reasonableopportunity to correct any defect in the complaint, affidavit, bond, writ orother proceeding so as to show that a legal cause for the writ existed at thetime it was issued.

 

1-15-107. Notice of exemptions; right to a hearing; procedures.

 

(a) Within five (5) days after the court receives the person'swritten request for a hearing, a person whose property is attached or whoseproperty is in the possession of another person and is attached or garnished,and against whom no judgment has been entered, is entitled to a hearing on theattaching party's right to the property. The sheriff shall mail to the person acopy of the order of attachment or writ of garnishment and notice of the rightto a hearing under this section, at the time the order of attachment isexecuted or the writ of garnishment is served on the garnishee. The papersshall be sent by first class United States mail with the postage prepaid andthe envelopes furnished and properly addressed by the plaintiff.

 

(b) The notice required by this section shall inform the personof his right to request a hearing. The notice shall inform him that certainbenefits and property cannot be taken to pay a debt and shall list the exemptedbenefits and property set forth in paragraphs (i) through (x) of thissubsection. The notice shall also include a form for requesting a hearing andinstructions that if the person believes he is entitled to retain or recoverthe property because it is exempt, or for any other reason, he should sign theform requesting a hearing and return or mail the form to the office of theclerk of court within ten (10) days after the date the notice was mailed tohim. The request for hearing form shall set forth the following exemptions andprovide a place for the person to designate which exemptions he claims:

 

(i) Social security benefits pursuant to 42 U.S.C. 407 andsupplemental security income;

 

(ii) Veteran's benefits;

 

(iii) Black lung benefits;

 

(iv) Personal opportunities with employment responsibilities(POWER) payments;

 

(v) Federal civil service and state retirement system benefitsas provided in 5 U.S.C. 8346 and W.S. 9-3-426, 9-3-620, 9-3-712 and 15-5-313;

 

(vi) Worker's compensation benefits;

 

(vii) Unemployment compensation benefits;

 

(viii) Earnings from personal services as defined by W.S.1-15-102(a)(vi);

 

(ix) Homestead, personal articles and articles used for carryingon a trade or business to the extent provided by W.S. 1-20-101 through1-20-111;

 

(x) Other exemptions as provided by law.

 

(c) The notice shall state that there may be additionalexemptions not listed which may be applicable. Failure by the person to claiman exemption on the request for hearing form does not preclude him fromclaiming other exemptions or defenses at a hearing on the matter. If a personfails to make a written request for a hearing and claim exemptions pursuant tothis section within ten (10) days after the date the notice was mailed to him,the notice shall state he may waive or lose his rights under this section.

 

(d) The sheriff may withhold execution of the prejudgment writof attachment or garnishment until the plaintiff either provides the person'slast known address or a statement that the plaintiff has no knowledge of theperson's last known address. The sheriff shall have no duty under this sectionif the plaintiff provides a statement that the plaintiff has no knowledge ofthe defendant's address.

 

(e) In the case of a post judgment writ of garnishment,procedures for notice and hearing on a claim of exemptions shall be as providedby W.S. 1-15-501 through 1-15-511 or 1-17-102.

 

1-15-108. Forms.

 

Affidavits,notices, writs and other forms for use in attachment, replevin, garnishment andcontinuing garnishment shall be in accordance with rules promulgated by thesupreme court of Wyoming.

 

ARTICLE 2 - ATTACHMENT

 

1-15-201. When attachment may issue; affidavit.

 

(a) Subject to W.S. 1-15-101 through 1-15-108 and theprovisions of this article, at any time after the filing of the complaint in acivil action for the recovery of money, the plaintiff may have the property ofthe defendant not exempt from execution attached as security for thesatisfaction of any judgment that may be recovered.

 

(b) Before a writ of attachment is issued, the plaintiff shallfile with the court in which the action is pending an affidavit stating:

 

(i) That the defendant is indebted to the plaintiff, specifyingthe amount of the indebtedness over and above all legal setoffs and the natureof the indebtedness;

 

(ii) That the attachment is not sought to hinder, delay ordefraud any creditor of the defendant;

 

(iii) That the payment of the indebtedness has not been securedby any mortgage or lien upon real or personal property in this state, or, iforiginally so secured, that the security has, without any act of the plaintiffor the person to whom the security was given, become impaired; and

 

(iv) Any one (1) or more of the following grounds forattachment:

 

(A) That the defendant is not a resident of this state;

 

(B) That the defendant is a foreign corporation, not qualifiedto do business in this state;

 

(C) That the defendant stands in defiance of an officer, orconceals himself so that process cannot be served upon him;

 

(D) That the defendant has assigned, removed, disposed of orconcealed, or is about to assign, remove, dispose of or conceal, any of hisproperty with intent to defraud his creditors;

 

(E) That the defendant has departed or is about to depart fromthe state to the injury of his creditors;

 

(F) That the defendant fraudulently or criminally contractedthe debt or incurred the obligation respecting which the action is brought.

 

1-15-202. Issuance of writ; contents.

 

(a) If authorized by a written order of the court pursuant toW.S. 1-15-103(a)(i), the clerk shall issue the writ of attachment upon thefiling by the plaintiff of the bond required by W.S. 1-15-104.

 

(b) The plaintiff may have other writs of attachment issued asoften as he may require at any time before judgment, based upon the originalaffidavit and bond, if the amount of the bond is sufficient.

 

(c) In actions pending in district court or circuit courtseveral writs may be issued at the same time to the sheriff of any county.

 

(d) The writ shall be issued in the name of the state ofWyoming and shall be directed to the sheriff of any county in which property ofthe defendant is located and shall require him to attach and safely keep allthe property of the defendant within his jurisdiction not exempt fromexecution, or so much thereof as may be sufficient to satisfy the plaintiff'sdemand, the amount of which shall be stated in conformity with the complaint.

 

1-15-203. Manner of executing writ.

 

(a) If the undertaking provided for in W.S. 1-15-105(a) is notgiven by the defendant at or before the time the writ is executed, the sheriffto whom the writ is directed shall execute the writ without delay in thefollowing manner:

 

(i) Real property owned in the name of the defendant shall beattached by filing with the county clerk a copy of the writ, together with adescription of the property attached, and a notice that it is attached, and byleaving a copy of the writ, description and notice with an occupant of theproperty, or if there is no occupant, by posting the copy of the writ,description and notice in a conspicuous place on the property attached;

 

(ii) Growing crops, which until severed shall be deemed personalproperty not capable of manual delivery, growing upon real property owned inthe name of the defendant shall be attached by filing with the county clerk acopy of the writ, together with a description of the growing crops to beattached, and of the real property upon which the crops are growing, and anotice that the growing crops are attached in pursuance of the writ, and byleaving a copy of the writ, description and notice with an occupant of the realproperty, or if there is no occupant, by posting the copy of the writ,description and notice in a conspicuous place on the real property;

 

(iii) Real property or an interest therein belonging to thedefendant and held in the name of any other person, shall be attached by filingwith the county clerk a copy of the writ, together with a description of theproperty and a notice that the real property and any interest of the defendanttherein held in the name of the other person, naming him, are attached, and byleaving with the occupant, if any, and with the named person or his agent, ifknown and within the county, or at the residence of either, if within thecounty, a copy of the writ, with a similar description and notice. If there isno occupant of the property, a copy of the writ, together with the descriptionand notice, shall be posted in a conspicuous place upon the property. Whenfiled, the county clerk shall index the attachment in the names of thedefendant and of the person in whose name the real property is held;

 

(iv) Growing crops, which until severed, shall be deemedpersonal property not capable of manual delivery, or any interest therein belongingto the defendant, and growing upon real property held in the name of any otherperson, shall be attached in the same manner as crops growing upon realproperty held in the name of the defendant are attached under paragraph (ii) ofthis subsection. The notice of attachment shall state that the crops thereindescribed or any interest of the defendant therein, held by, or standing uponthe records of the county in the name of such other person, naming him, areattached pursuant to the writ. In addition, a copy of the writ, descriptionand notice shall be delivered to such other person, or his agent, if known andwithin the county, or left at the residence of either, if known and within thecounty. When filed, the county clerk shall index the attachment in the names ofthe defendant and of the person in whose name the real property is held;

 

(v) Personal property capable of manual delivery shall beattached by taking it into custody;

 

(vi) Stocks or shares, or interest in stocks or shares, of anycorporation or company shall be attached as provided by W.S. 1-19-101 through1-19-108;

 

(vii) Personal property not capable of manual delivery shall beattached by leaving a copy of the writ with the person having the property inhis possession if he can be found, and by placing a conspicuous notice of levyon the property;

 

(viii) Personal property, other than earnings from personalservices as defined by W.S. 1-15-102(a)(vi), in the possession of anotherperson shall be attached by service of a writ of garnishment as provided byW.S. 1-15-401 through 1-15-425;

 

(ix) If there are several attachments against the same defendantin different actions, they shall be executed in the order in which they arereceived by the sheriff.

 

1-15-204. Third party claims; indemnity to sheriff; application forrelease.

 

(a) If the sheriff executing the writ has actual notice of anythird party claim to the personal property to be levied on or is in doubt as toownership of the property, or of encumbrances thereon, or damage to theproperty held that may result by reason of its perishable character, he mayrequire the plaintiff to file with the sheriff a surety bond, indemnifying thesheriff against any loss or damage by reason of the illegality of any holdingor sale on execution, or by reason of damage to any personal property heldunder attachment. Unless a lesser amount is acceptable to the sheriff, thebond shall be in double the amount of the estimated value of the property to beseized.

 

(b) Any person not a party to the action, who claims ownershipor right to possession of property attached, may, at any time, either before orafter judgment, be made a party on his application for the purpose of removingor discharging the attachment. The court may grant summary relief as is just,and may in proper cases try appropriate issues by jury.

 

1-15-205. Return of sheriff; inventory of property.

 

Thesheriff shall return the writ of attachment to the court within twenty (20)days after its receipt, together with a certificate of his actions endorsedthereon or attached thereto. The certificate shall contain a full inventory ofthe property attached.

 

1-15-206. Examination of defendant.

 

Thedefendant may be required to appear before the court or a master appointed by thecourt, to be examined on oath respecting his property. After any examinationconducted pursuant to this section, the court or master may order personalproperty capable of manual delivery to be delivered to the officer, on anyterms as are just, having reference to any liens on or claims against thepersonal property, and may require a memorandum of the amount and descriptionof all other personal property. The court shall make provision for witnessfees and mileage as is just.

 

1-15-207. Sale of attached property before judgment.

 

(a) If any of the property attached is perishable, the sheriffshall sell it in the manner in which property is sold on execution. Thesheriff shall retain the proceeds and other property attached by him to answerany judgment that may be recovered in the action, unless released ordischarged, or subjected to execution upon another judgment recovered previousto issuing the attachment.

 

(b) When property has been taken by an officer under a writ ofattachment and the court is satisfied that the interest of the parties to theaction will be served by a sale, the court may order the property sold in thesame manner as property sold under an execution, and the proceeds deposited inthe court to be disbursed pursuant to the judgment in the action. The ordershall be made only upon notice to the adverse party if the party has beenpersonally served or has entered an appearance in the action.

 

1-15-208. Satisfaction of judgment; deficiency; redelivery ofproperty.

 

(a) If judgment is recovered by the plaintiff, the sheriffshall satisfy it out of the attached property which has not been delivered tothe defendant or to a claimant pursuant to W.S. 1-15-105, or subjected to aprior lien, by paying to the plaintiff the proceeds of all sales of perishableproperty sold by the sheriff, or of any debts or credits collected by thesheriff or as much as is necessary to satisfy the judgment. If any balanceremains due and an execution has issued on the judgment, the sheriff shall sellunder the execution so much of the property, real or personal, as may benecessary to satisfy the balance, if enough real or personal property for thatpurpose remains in his hands. Notice of the sales shall be given and the salesshall be conducted as in other cases of sales on execution.

 

(b) After selling all the property attached by the sheriffwhich remains in his hands, the sheriff shall deduct his fees and apply theproceeds and any debts or credits collected by him, to the payment of thejudgment. If any balance remains due on the judgment, the sheriff shall proceedto collect it as upon an execution in other cases. When the judgment is paidin full, the sheriff upon reasonable demand, shall deliver to the defendant theattached property remaining in his hands and any proceeds of the propertyattached not applied to the judgment.

 

1-15-209. Proceedings where defendant prevails.

 

Ifthe plaintiff does not recover judgment against the defendant, any undertakingreceived in the action, all the proceeds of sales and money collected by thesheriff and all the property attached remaining in his hands shall be deliveredto the defendant, and the attachment shall be discharged and the propertyreleased therefrom.

 

1-15-210. Release of attachment upon real property.

 

Ifthe plaintiff does not recover judgment or an order is made discharging orreleasing an attachment upon real property, a certified copy of the judgment ororder shall be filed and indexed in the office of the county clerk in whichthe notice of attachment has been filed.

 

1-15-211. Attachment before maturity of claim.

 

Aparty may commence an action upon an obligation before it is due and have anattachment against the property of the debtor upon any one (1) or more of thegrounds set forth in W.S. 1-15-201(b)(iv)(D) through (F). The propertyattached, or its proceeds, shall be held subject to the judgment to berendered, but no judgment shall be rendered on the claim until the obligationbecomes due.

 

1-15-212. Property bound from time of service.

 

Anorder of attachment binds the property attached from the time the writ isexecuted.

 

ARTICLE 3 - REPLEVIN

 

1-15-301. Possession of personal property pending action.

 

Subjectto W.S. 1-15-101 through 1-15-108, after filing the complaint and at any timebefore judgment, the plaintiff in an action to recover the possession ofpersonal property may claim the delivery of the property to him as provided inthis article.

 

1-15-302. Affidavit.

 

(a) When delivery is claimed, the plaintiff shall file with thecourt an affidavit stating:

 

(i) A description of the property claimed;

 

(ii) The plaintiff is the owner of the property or has a specialownership or interest in it, stating the facts in relation to it, and that heis entitled to the possession of it;

 

(iii) The property is wrongfully detained by the adverse party;

 

(iv) The alleged cause of the detention of the propertyaccording to the best knowledge, information and belief of the affiant;

 

(v) The property has not been taken for a tax, assessment orfine pursuant to a statute, or seized under an execution or an attachmentagainst the property of the plaintiff, or if so seized, that it is by statuteexempt from seizure; and

 

(vi) The actual value of the property.

 

1-15-303. Issuance of writ; undertaking; service.

 

(a) If authorized by a written order of the court pursuant toW.S. 1-15-103(a)(i), and upon the filing by plaintiff of the bond required byW.S. 1-15-104, the clerk shall issue the writ of replevin.

 

(b) The writ shall be issued in the name of the state ofWyoming and shall require the sheriff to take the property described in theaffidavit and retain it in his custody until delivered as provided in thisarticle. The sheriff shall execute the writ and without delay serve on thedefendant a copy of the affidavit, undertaking and writ. If personal servicecannot be made upon the defendant service shall be made by depositing a copy ofthe papers in the United States mail, postage prepaid, addressed to thedefendant at his last known address.

 

1-15-304. Delivery of property.

 

Subjectto the provisions of W.S. 1-15-103(a)(viii) and 1-15-306, property seized undera writ of replevin shall be delivered by the sheriff to the plaintiff unlessreturned to the defendant pursuant to W.S. 1-15-104(c) or 1-15-105.

 

1-15-305. Return of sheriff.

 

Thesheriff shall return the writ to the court within twenty (20) days after itsreceipt, together with a certificate of his actions endorsed thereon orattached thereto.

 

1-15-306. Claim to property by third party.

 

Ifproperty taken under a writ of replevin is claimed by any person other than thedefendant, and the claimant serves on the sheriff an affidavit stating thegrounds of the claimant's title or right to possession, the sheriff is notbound to keep the property or deliver it to the plaintiff, unless the plaintifffiles with the sheriff a surety bond, indemnifying the sheriff against any lossor damage by reason of the illegality of any holding or delivery or by reasonof damage to any personal property held under the writ of replevin. Unless alesser amount is acceptable to the sheriff, the bond shall be in double theamount of the estimated value of the property seized.

 

ARTICLE 4 - GARNISHMENT

 

1-15-401. Availability of writ of garnishment.

 

(a) Subject to W.S. 1-15-101 through 1-15-108, a plaintiff orjudgment creditor may obtain a writ of garnishment as provided in this article.

 

(b) A prejudgment writ of garnishment is available as a meansof attachment of tangible or intangible property, other than earnings frompersonal services of the defendant, at any time after the filing of a complaintand before judgment, in cases in which a writ of attachment is available underW.S. 1-15-201.

 

(c) A post judgment writ of garnishment is available to satisfya money judgment.

 

1-15-402. Property subject to garnishment.

 

Anywrit of garnishment may be used to levy upon or affect the accrued credits,chattels, goods, effects, debts, choses in action, money and other personalproperty and rights to property of the defendant in the possession of a thirdperson, or under the control or constituting a performance obligation of anythird person, whether due or yet to become due at the time of service of thewrit of garnishment, which are not exempt from garnishment or execution underany applicable provisions of state or federal law.

 

1-15-403. Affidavit for writ of prejudgment garnishment.

 

(a) Before a writ of prejudgment garnishment is issued, theplaintiff shall file with the court in which the action is pending an affidavitstating:

 

(i) The facts showing that plaintiff's claim is one upon whichattachment is authorized by W.S. 1-15-201;

 

(ii) The grounds and cause for the garnishment;

 

(iii) That the plaintiff has good reason to believe that thedefendant has nonexempt credits, chattels, goods, effects, debts, choses inaction or other personal property or rights to obligations of performance inthe possession or in the control or otherwise owing from one (1) or more specifiedthird persons that plaintiff seeks to charge as garnishees or that such thirdpersons are indebted to the defendant; and

 

(iv) That the property, rights or debts are not earnings for thepersonal services of the defendant, or otherwise exempt from garnishment.

 

1-15-404. Issuance of writ of prejudgment garnishment.

 

Ifauthorized by a written order of the court pursuant to W.S. 1-15-103(a)(i), theclerk shall issue one (1) or more writs of prejudgment garnishment upon thefiling by the plaintiff of the bond required by W.S. 1-15-104.

 

1-15-405. Issuance of writ of post judgment garnishment; multiplewrits.

 

(a) After the entry of a judgment requiring the payment ofmoney, the clerk of the court from which execution could issue shall, uponapplication of the plaintiff, issue one (1) or more writs of post judgmentgarnishment. The writ may be issued without the necessity for a bond.

 

(b) Several writs may be issued at the same time and the namesof as many persons as are sought to be charged as garnishees may be inserted inthe same writ or different writs.

 

1-15-406. Content of writ of prejudgment or post judgment garnishment;to whom directed.

 

Awrit of prejudgment or post judgment garnishment shall be issued in the name ofthe state of Wyoming and shall be directed to the person or persons designatedin the plaintiff's affidavit as garnishee. The writ shall advise each personthat until further order of the court or until the garnishee has complied withthe requirements of W.S. 1-15-407(c), he is attached as garnishee in theaction, command him not to pay any debt due or to become due to the defendantwhich is not exempt from execution and to retain possession and control of allcredits, chattels, goods, effects, debts, choses in action, money and personalproperty and rights to property of the defendant not exempt from execution.

 

1-15-407. Answer of garnishee; release of garnishee.

 

(a) A writ of prejudgment or post judgment garnishment shallrequire the garnishee to file with the court a verified answer within ten (10)days, excluding Saturdays, Sundays and legal holidays, from the date of serviceof the writ. The answer of the garnishee shall state:

 

(i) Whether the garnishee is indebted to the defendant, eitherin property or in money, whether the same is now due and, if not, when it is tobecome due;

 

(ii) Whether the garnishee has in his possession, custody orcontrol any credits, chattels, goods, effects, debts, choses in action, moneyor other personal property belonging to the defendant, or in which thedefendant has an interest, and if so, the description and value of the same;

 

(iii) Whether the garnishee knows of any debts owing to thedefendant or of any credits, chattels, goods, effects, debts, choses in action,money or other personal property belonging to the defendant or in whichdefendant has an interest, whether in the possession or under the control ofthe garnishee or another, and if so, the particulars thereof;

 

(iv) If the defendant is an employee of the garnishee, thedefendant's job title, position or occupation, the defendant's rate and methodof compensation, his pay period and the computation of the amount of thedefendant's accrued disposable earnings attached by the writ;

 

(v) Whether the garnishee, pursuant to W.S. 1-15-417, isretaining or deducting any amount in satisfaction of a claim the garnishee hasagainst the plaintiff or the defendant, a designation as to whom the claimrelates and the amount retained or deducted.

 

(b) The garnishee shall mail a copy of his answer to theplaintiff and defendant if, at the time he is served with the writ, thegarnishee is furnished with stamped envelopes addressed to the parties.

 

(c) The garnishee shall be released from the writ ofgarnishment not later than thirty (30) days after service of the writ on thegarnishee, unless sooner released by order of the court, provided, that thegarnishee has first filed with the court the verified answer required bysubsection (a) of this section and delivered to the court all of thedefendant's credits, chattels, goods, effects, debts, choses in action, money,personal property and rights to property not exempt from execution, in thepossession of the garnishee or coming into his possession within thirty (30)days after service of the writ.

 

1-15-408. Garnishment of earnings for personal services.

 

(a) A writ of post judgment garnishment attaching earnings forpersonal services shall attach that portion of the defendant's accrued andunpaid disposable earnings, specified in subsection (b) of this section. Thewrit shall direct the garnishee to withhold from the defendant's accrueddisposable earnings the amount attached pursuant to the writ and to pay theexempted amount to the defendant at the time his earnings are normally paid. Earnings for personal services shall be deemed to accrue on the last day of theperiod in which they were earned or to which they relate. If the writ isserved before or on the date the defendant's earnings accrue and before thesame have been paid to the defendant, the writ shall be deemed to have beenserved at the time the periodic earnings accrue. If more than one (1) writ isserved, the writ first served shall have priority. Notwithstanding any otherprovision of this subsection, an income withholding order for child supportobtained pursuant to W.S. 20-6-201 through 20-6-222 shall have priority overany other garnishment.

 

(b) The maximum portion of the aggregate disposable earnings ofan individual which are subject to garnishment is the lesser of:

 

(i) Twenty-five percent (25%) of defendant's disposableearnings for that week; or

 

(ii) The amount by which defendant's aggregate disposableearnings computed for that week exceeds thirty (30) times the federal minimumhourly wage prescribed by the Fair Labor Standards Act of 1938, 29 U.S.C.206(a)(1), in effect at the time the earnings are payable, or, in case ofearnings for any pay period other than a week, any equivalent multiple thereofprescribed by the administrator of the Wyoming Uniform Consumer Credit Code inthe manner provided by W.S. 40-14-505(b)(iii).

 

(c) Unless a garnishee is specifically informed by affidavit ofthe plaintiff that the defendant has other periodic earnings from sources otherthan from the garnishee and the amount thereof, the garnishee shall treat thedefendant's earnings becoming due from the garnishee as the defendant's entireaggregate earnings for the purpose of computing the sum attached by thegarnishment.

 

1-15-409. Service of writ; return; copy to defendant.

 

(a) A writ of prejudgment or post judgment garnishment shall beserved on the garnishee in the same manner as a summons.

 

(b) Not later than five (5) days after service is made upon thegarnishee the sheriff or other person who served the writ shall mail a copy ofthe writ to the defendant. The writ shall be sent by first class United Statesmail with the postage prepaid. The envelope shall be furnished and properlyaddressed by the plaintiff.

 

1-15-410. Release or discharge of garnishment.

 

Atany time, either before or after the service of any writ of garnishment, thedefendant may obtain a release or discharge as provided by W.S. 1-15-105. Inthe case of a writ of post judgment garnishment, the condition of the bondrequired by W.S. 1-15-105(a)(ii) shall be to the effect that if the plaintiffis entitled to execute the writ upon the property seized, the defendant willpay an amount equal to the value of the property, together with interest andall costs assessed against him, not exceeding the sum specified in the bond.

 

1-15-411. Delivery of property.

 

(a) Repealed by Laws 1988, ch. 42, 2.

 

(b) The garnishee may deliver to the officer serving the writthe property belonging to and the money due to the defendant as shown by theanswer of the garnishee. The officer shall return the property, money and thewrit to the court. The property shall then be dealt with as ordered by thecourt. After the property is delivered, the garnishee shall be relieved fromfurther liability in the proceedings, unless his answer is successfullycontroverted as provided in this article.

 

1-15-412. Reply to answer of garnishee; trial of issues; judgment.

 

Ifthe garnishee answers, the plaintiff or defendant may, within ten (10) daysafter the answer of the garnishee is filed with the court, file and serve uponthe garnishee and the other party to the action a reply to the garnishee'sanswer. Either party may also allege any matters which would charge thegarnishee with liability. New matter in a reply is deemed denied. Matters inissue shall be tried to the court and judgment entered as in other civilactions. Costs shall be awarded to the prevailing party unless the courtotherwise directs.

 

1-15-413. Judgment on answer of garnishee.

 

(a) The parties to the principal action who fail to reply tothe answer of the garnishee shall be deemed to have accepted it as correct. Ifboth parties to the principal action have accepted the answer, an appropriatejudgment shall be entered. If the answer shows that the garnishment hasattached personal property of any kind in the possession or under the controlof the garnishee which belongs to and is due the defendant, the court shallenter judgment that the garnishee deliver the personal property to thesheriff. If the plaintiff has already recovered, or subsequently recoversjudgment against the defendant in the action, the personal property or as muchas may be necessary shall be sold upon execution and the proceeds appliedtoward the satisfaction of the judgment, together with the costs of the actionand proceedings. Any surplus of the personal property or the proceeds thereofshall be returned to the defendant.

 

(b) If the answer shows that the garnishee is indebted to thedefendant, and if the plaintiff has recovered, or subsequently recoversjudgment against the defendant in the action, the court shall also enterjudgment in favor of the defendant for the use of the plaintiff against thegarnishee. The judgment shall be the amount attached as shown in the answer butshall not be for a greater sum than is necessary to satisfy the judgmentagainst the defendant, together with costs. In no event shall the garnishee bechargeable with costs except under the provisions of W.S. 1-15-412 and1-15-414.

 

1-15-414. Proceedings on failure of garnishee to answer.

 

Ifthe garnishee has been duly served with a writ of prejudgment or post judgmentgarnishment and fails to answer as required by W.S. 1-15-407, the plaintiff mayenter the default of the garnishee and proceed to prove the liability of thegarnishee. The garnishee may be ordered to appear before the court or a masterappointed by the court and be examined in the same manner as persons areexamined under the discovery provisions of the Wyoming Rules of Civil Procedure. The court may make provision for witness fees and mileage as is just, providedthat if any garnishee has willfully failed to file any required answer, he maybe required to pay the costs of any proceeding taken for the purpose ofobtaining the information required to be furnished in the answer. Judgmentshall be entered upon the evidence to the same effect as if the garnishee hadanswered. Costs shall be awarded to the prevailing party unless the courtotherwise directs.

 

1-15-415. Judgment discharges garnishee for amount paid.

 

Agarnishee shall be discharged from all claims of all parties in the garnisheeaction for all goods, effects and credits paid, delivered or accounted for bythe garnishee as a result of any judgment against the garnishee.

 

1-15-416. Intervention or interpleader of third persons.

 

(a) If it appears that any person not a party to the action hasor claims an interest in any of the garnished property antedating thegarnishment, the court may permit that person to appear and maintain hisrights.

 

(b) If the answer of the garnishee discloses that any personother than the defendant claims the indebtedness or property in his hands, thecourt may on motion order that the claimant be interpleaded as a defendant tothe garnishee action. Notice in such form as the court shall direct, togetherwith a copy of the order, shall be served upon the third-party claimant in themanner required for the service of a summons. The garnishee may pay or deliverto the court the indebtedness or property, which shall be a complete dischargefrom all liability to any party for the amount paid or property delivered. Thethird-party claimant shall be deemed a defendant to the garnishee action andshall answer within ten (10) days, setting forth his claim or defense. In caseof default, judgment may be rendered as in other cases of default which shallconclude any claim upon the part of the third-party claimant.

 

(c) Any person who intervenes or is interpleaded as a defendantunder this section is bound by the judgment in the garnishee action.

 

1-15-417. Claims of garnishee against plaintiff or defendant.

 

Agarnishee may retain or deduct out of the property, effects or credits of thedefendant in his hands all demands whether or not due against the plaintiff andagainst the defendant of which he could have availed himself if he had not beenserved as garnishee. The garnishee is liable for the balance only after allmutual demands between himself and the plaintiff and defendant are settled, notincluding unliquidated damages for wrongs and injuries. The verdict orfindings, if any, and the judgment shall show against which party any claim isallowed, and the amount thereof.

 

1-15-418. Liability of garnishee on negotiable instruments.

 

Noperson shall be liable as garnishee for having drawn, accepted, made orendorsed any negotiable instrument in the hands of the defendant at the time ofservice of the writ of prejudgment or post judgment garnishment when thenegotiable instrument is not due.

 

1-15-419. When garnishee is mortgagee or pledgee.

 

Whenany personal property, choses in action or effects of the defendant in thehands of the garnishee are mortgaged or pledged, or in any way liable for thepayment of a debt to the garnishee, the plaintiff may obtain an order from thecourt authorizing the plaintiff to pay the amount due the garnishee, andrequiring the garnishee to deliver the personal property, choses in action andeffects, to the officer serving the writ of prejudgment or post judgment garnishmentupon payment to the garnishee of the amount due him by the plaintiff.

 

1-15-420. Where property held to secure performance of otherobligation.

 

(a) The court may order the plaintiff to redeem personalproperty, choses in action or effects levied upon under a writ of prejudgmentor post judgment garnishment by performing the obligation or tenderingperformance if:

 

(i) The personal property, choses in action or effects secureany obligation other than the payment of money; and

 

(ii) The obligation secured can be performed by the plaintiffwithout damage to the interested persons.

 

(b) Upon performance under subsection (a) of this section orany tender thereof which is refused, the garnishee shall deliver the personalproperty and effects to the officer serving the writ.

 

1-15-421. Disposition of property.

 

(a) All personal property, choses in action and effectsreceived by the sheriff under W.S. 1-15-419 or 1-15-420, shall be disposed ofin the same manner as if the property, choses in action and effects had beendelivered by the garnishee under the provisions of W.S. 1-15-411, provided thatthe plaintiff shall, out of the proceeds thereof:

 

(i) Be first repaid the amount paid by him to the garnishee forthe redemption of the property, choses in action or effects; or

 

(ii) Be indemnified for any other act or thing done by him orperformed pursuant to the order of the court for the redemption of theproperty, choses in action or effects.

 

1-15-422. Effect of discharge of garnishee.

 

Exceptas provided by W.S. 1-15-415, a judgment discharging a garnishee shall be nobar to an action brought against the garnishee by the defendant for or onaccount of the same demand.

 

1-15-423. Execution on judgment against garnishee for debt not due.

 

Whena judgment is rendered against a garnishee with respect to a debt from thegarnishee to the defendant and the debt is not yet due, execution shall notissue until the debt has become due.

 

1-15-424. Failure to proceed against nonexempt garnished earnings.

 

Ifa judgment creditor fails, within sixty (60) days from the filing of the answerof the garnishee, to secure a garnishee judgment and execute on garnishednonexempt earnings held by a garnishee pursuant to a writ of post judgmentgarnishment, the writ of garnishment which commanded the garnishee to hold thenonexempt portion of the defendant's earnings shall be released and dischargedwithout further order of the court. In that event the garnishee shall pay tothe judgment debtor that portion of his earnings which had been held pursuantto the writ of garnishment.

 

1-15-425. Garnishee bound.

 

Agarnishee served with a writ of prejudgment or post judgment garnishment shallhold for the benefit of the plaintiff all property of the defendant in his possession,and money and credits due from him to the defendant, from the time he is servedwith the writ until the writ is discharged.

 

ARTICLE 5 - CONTINUING GARNISHMENT

 

1-15-501. Definitions.

 

(a) As used in this article:

 

(i) "Continuing garnishment" means any procedure forwithholding the earnings of a judgment debtor for successive pay periods forpayment of a judgment debt;

 

(ii) "Court" means any district court or circuit courtof this state;

 

(iii) "Disposable earnings" means that part of anindividual's earnings remaining after the deduction of all amounts required bylaw to be withheld;

 

(iv) "Earnings" means compensation paid or payable forpersonal services, including but not limited to wages, salary, commission,bonus, proceeds of any pension or retirement benefits or deferred compensationplan. "Earnings" does not include compensation paid as per diem;

 

(v) "Garnishee" means a person other than a judgmentcreditor or judgment debtor who is in possession of earnings of the judgment debtorand who is subject to garnishment in accordance with the provisions of thisarticle;

 

(vi) "Garnishment" means any procedure through whichthe property or earnings of an individual in the possession or control of agarnishee are required to be withheld for payment of a judgment debt;

 

(vii) "Judgment creditor" means any person who hasrecovered a money judgment against a judgment debtor in a court of competentjurisdiction;

 

(viii) "Judgment debtor" means any person who has ajudgment entered against him in a court of competent jurisdiction.

 

1-15-502. Continuing garnishment; creation of lien.

 

(a) In addition to garnishment proceedings otherwise availableunder the laws of this state, in any case in which a money judgment is obtainedin a court of competent jurisdiction the judgment creditor or his assigneesshall be entitled, in accordance with this article, to have the clerk of thecourt issue a writ for continuing garnishment against any garnishee who is anemployer of the judgment debtor. Issuance of a writ of execution is not aprerequisite to issuance of a writ of continuing garnishment. To the extentthat the earnings are not exempt from garnishment, the garnishment shall be alien and continuing levy upon the earnings due or to become due to the judgmentdebtor at the time the writ of continuing garnishment is served on thegarnishee.

 

(b) Subject to the provisions of W.S. 1-15-504, garnishmentpursuant to subsection (a) of this section shall be a lien and continuing levyagainst said earnings due until such time as the employment relationship isterminated, the underlying judgment is vacated, modified or satisfied in full,the writ is dismissed, or ninety (90) days have expired since service of thewrit, whichever is sooner. A continuing garnishment may be suspended for aspecified period of time by the judgment creditor upon agreement with thejudgment debtor. The agreement shall be in writing and filed by the judgmentcreditor with the clerk of the court in which the judgment was entered and acopy of the agreement shall be delivered by the judgment creditor to thegarnishee.

 

(c) Continuing garnishment pursuant to this article shall applyonly to proceedings against the earnings of a judgment debtor who is a naturalperson.

 

1-15-503. Earnings subject to continuing garnishment.

 

(a) Subject to the provisions of W.S. 1-15-504, any earningsowed by the garnishee to the judgment debtor at the time of service of the writof continuing garnishment upon the garnishee and all earnings accruing from thegarnishee to the judgment debtor from the date of service up to and includingthe ninetieth day thereafter is subject to the process of continuinggarnishment.

 

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter15

CHAPTER 15 - ATTACHMENT, REPLEVIN AND GARNISHMENT

 

ARTICLE 1 - IN GENERAL

 

1-15-101. Applicability.

 

(a) This chapter shall apply to and govern:

 

(i) Attachment, replevin and garnishment proceedings in alldistrict courts and circuit courts of this state;

 

(ii) Post judgment garnishment in small claims proceedings asprovided by W.S. 1-21-205.

 

1-15-102. Definitions.

 

(a) As used in this chapter unless otherwise defined:

 

(i) "Attachment" means the procedure by which aplaintiff obtains a judicial lien on a defendant's property prior to judgment;

 

(ii) "Continuing garnishment" means any procedure forwithholding the earnings of a judgment debtor for successive pay periods forpayment of a judgment debt;

 

(iii) "Court" means any district court or circuit courtof this state;

 

(iv) "Defendant" means a person whose property isbeing attached, garnished or replevied by a plaintiff and includes a judgmentdebtor after entry of judgment;

 

(v) "Disposable earnings" means that part of anindividual's earnings remaining after the deduction of all amounts required bylaw to be withheld;

 

(vi) "Earnings" or "earnings from personalservices" means compensation paid or payable for personal services,whether denominated as wages, salary, commission, bonus, proceeds of anypension or retirement benefits or deferred compensation plan or otherwise;

 

(vii) "Garnishee" means a person other than a plaintiffor defendant who is in possession of earnings or property of the defendant andwho is subject to garnishment in accordance with the provisions of thischapter;

 

(viii) "Garnishment" means the procedure by which aplaintiff on whose behalf a writ of garnishment has been issued against adefendant reaches tangible or intangible personal property of the defendant inthe possession, control or custody of, or debts or other monetary obligationsowing by, a third person;

 

(ix) "Judgment creditor" means any person who hasrecovered a money judgment against a judgment debtor in a court of competentjurisdiction;

 

(x) "Judgment debtor" means any person who has ajudgment entered against him in a court of competent jurisdiction;

 

(xi) "Officer" means sheriff;

 

(xii) "Plaintiff" means a person who is attaching,garnishing or repleving property of a defendant and includes a judgmentcreditor after entry of judgment;

 

(xiii) "Replevin" means the procedure by which aplaintiff in a pending action to recover possession of property obtainsredelivery of property claimed to be wrongfully taken or detained.

 

1-15-103. General procedures relating to prejudgment writs ofattachment, replevin and garnishment; issuance of writs without notice.

 

(a) Prejudgment writs of attachment, replevin and garnishmentshall be issued subject to the following conditions and circumstances:

 

(i) The writ shall issue only upon written motion and pursuantto a written order of the court;

 

(ii) The court shall not direct the issuance of the writ withoutnotice to the adverse party and an opportunity to be heard unless it clearlyappears from specific facts shown by affidavit or by the verified complaintthat immediate and irreparable injury will result to the plaintiff beforenotice can be served and a hearing had thereon. A finding by the court thatthe plaintiff will suffer irreparable injury shall be made only if the courtfinds the existence of either of the following circumstances:

 

(A) There is present danger that the property will beimmediately disposed of, concealed, or placed beyond the jurisdiction of thecourt; or

 

(B) The value of the property will be impaired substantially ifthe issuance of an order of attachment is delayed.

 

(iii) An order granted without notice authorizing the issuance ofa writ shall be endorsed with the date and hour of issuance and shall be filedin the clerk's office and entered of record. The order shall define the injuryand state why the injury is irreparable and why the order was granted withoutnotice. The order, and any writ issued pursuant thereto, shall expire within atime fixed by the court, not to exceed ten (10) days after issuance. Within thetime fixed, the court may, after notice and hearing, order the writ continued in effect or the adverse party may consent that the writ may be extended for alonger period. The reasons for the extension shall be entered of record;

 

(iv) If the order granting the writ is issued without notice, ahearing thereon shall be set for the earliest reasonable time;

 

(v) At the hearing on the issuance of the writ or itscontinuance, the plaintiff shall have the burden of establishing the factsjustifying the issuance and continuance of the writ;

 

(vi) On notice to the plaintiff obtaining the issuance of thewrit without notice, the adverse party may appear and move dissolution ormodification of the writ, and in that event the court shall proceed to hear anddetermine the motion as expeditiously as possible;

 

(vii) Any notice required under this section shall be in a formand served in a manner as will expeditiously give the adverse party actualnotice of the proceeding, all as directed by the court;

 

(viii) In the event that property has been seized by the sheriffpursuant to the issuance of a writ without notice, the property shall beretained by him subject to the order of the court.

 

1-15-104. Prejudgment writs; bond required; objection to plaintiff'ssureties; hearing on objections; liability of sureties.

 

(a) No prejudgment writ of attachment, replevin or garnishmentshall issue unless the plaintiff files with the clerk a surety bond in anamount fixed by the court for the payment of all costs and damages which may beincurred or suffered by any party as a result of the wrongful issuance of thewrit, not exceeding the sum specified in the bond.

 

(b) If the party for whose benefit a bond under subsection (a)of this section is given is not satisfied with the amount of the bond or thesufficiency of the sureties, he may, within five (5) days, excluding Saturdays,Sundays and legal holidays, after the receipt of a copy of the bond, serve uponthe party giving the bond a notice that the party for whose benefit the bond isgiven objects to the amount of the bond or the sufficiency of the sureties. Ifthe party for whose benefit the bond is given fails to object within the timeallowed he is deemed to have waived all objection to the amount of bond and thesufficiency of the sureties.

 

(c) Notice of objections to the amount of bond and thesufficiency of sureties as provided in subsection (b) of this section shall befiled in the form of a motion for hearing on objections to the bond. Upondemand of the objecting party, each surety shall appear at the hearing of themotion and be subject to examination as to the surety's pecuniaryresponsibility or the validity of the execution of the bond. Upon hearing, thecourt shall approve or reject the bond as filed or require any amended,substitute or additional bond as the circumstances warrant. If the courtrejects the bond or if the plaintiff fails within the time allowed to file anyamended, substitute or additional bond required by the court, any propertyseized under the writ shall be returned to the defendant.

 

(d) The bond required by this section shall, in addition toother requirements, provide that each surety is subject to the jurisdiction ofthe court and irrevocably appoints the clerk of the court as the agent of thesurety upon whom any papers affecting the liability of the surety on the bondmay be served, and that the liability of the surety may be enforced on motionand upon notice as the court may require without the necessity of anindependent action.

 

1-15-105. Writs; release of property or discharge of writ; undertakingrequired; objections to defendant's sureties; liability of sureties.

 

(a) At any time, either before or after the execution of a writof attachment, replevin or garnishment, the defendant may obtain a release ofany property or a discharge of the writ as follows:

 

(i) To secure a discharge of the attachment or garnishment thedefendant shall furnish a bond, with sufficient sureties, in a sum of not lessthan double the amount claimed by the plaintiff, but not less than fiftydollars ($50.00) in amount. The conditions of the bond shall be to the effectthat if the plaintiff recovers judgment, the defendant will pay the judgmenttogether with interest and all costs assessed against him, not exceeding thesum specified in the bond;

 

(ii) To secure a release of property seized under a writ ofattachment, replevin or garnishment, the defendant shall furnish a bond, withsufficient sureties, in a sum not less than the value of the property to bereleased, but in no case in an amount greater than necessary to obtain adischarge of the writ under paragraph (i) of this subsection. The conditionsof the bond shall be to the effect that if the plaintiff recovers judgment, thedefendant will pay the judgment, together with interest and all costs assessedagainst him, not exceeding the sum specified in the bond.

 

(b) The bond required by subsection (a) of this section shallbe delivered to the sheriff at or before the time of service of the writ ofattachment, replevin or garnishment. If the release or discharge is soughtafter the writ has been executed or the property seized, the defendant shallapply to the court, upon reasonable notice to the plaintiff, for an orderreleasing the property or discharging the writ.

 

(c) The bond required by subsection (a) of this section shallbe filed with the court, and a copy of the bond served upon the plaintiff. Within five (5) days, excluding Saturdays, Sundays and legal holidays, afterthe plaintiff is served with notice of the filing of the bond required bysubsection (a) of this section the plaintiff may object to the amount of thebond or the sufficiency of defendant's sureties, by serving upon the defendantand filing with the court a motion for hearing on objection to bond.

 

(d) Upon demand of the plaintiff, each surety shall appear atthe hearing requested under subsection (c) of this section, and be subject toexamination as to the surety's pecuniary responsibility or the validity of theexecution of the bond. Upon hearing, the court shall approve or reject thebond as filed or require any amended, substitute or additional bond as thecircumstances warrant.

 

(e) Upon a discharge of the writ or release of the propertyunder this section, all of the property released, if not sold, and the proceedsof any sale of the property, shall be delivered to the defendant. The releaseor discharge by the court shall not be effective until the time for plaintiffto object to the amount of the bond or the sufficiency of the defendant'ssureties has expired.

 

(f) The bond required by this section shall, in addition toother requirements, provide that each surety is subject to the jurisdiction ofthe court and irrevocably appoints the clerk of the court as his agent uponwhom any papers affecting the liability of the surety on the bond may beserved, and that his liability may be enforced on motion and upon notice as thecourt may require without the necessity of an independent action.

 

1-15-106. Discharge of improperly issued writs.

 

Thedefendant may at any time, upon notice to the plaintiff as the court mayrequire, move the court in which the action is pending, to have a writ ofattachment, replevin or garnishment discharged on the ground that it wasimproperly or irregularly issued. The court shall give the plaintiff reasonableopportunity to correct any defect in the complaint, affidavit, bond, writ orother proceeding so as to show that a legal cause for the writ existed at thetime it was issued.

 

1-15-107. Notice of exemptions; right to a hearing; procedures.

 

(a) Within five (5) days after the court receives the person'swritten request for a hearing, a person whose property is attached or whoseproperty is in the possession of another person and is attached or garnished,and against whom no judgment has been entered, is entitled to a hearing on theattaching party's right to the property. The sheriff shall mail to the person acopy of the order of attachment or writ of garnishment and notice of the rightto a hearing under this section, at the time the order of attachment isexecuted or the writ of garnishment is served on the garnishee. The papersshall be sent by first class United States mail with the postage prepaid andthe envelopes furnished and properly addressed by the plaintiff.

 

(b) The notice required by this section shall inform the personof his right to request a hearing. The notice shall inform him that certainbenefits and property cannot be taken to pay a debt and shall list the exemptedbenefits and property set forth in paragraphs (i) through (x) of thissubsection. The notice shall also include a form for requesting a hearing andinstructions that if the person believes he is entitled to retain or recoverthe property because it is exempt, or for any other reason, he should sign theform requesting a hearing and return or mail the form to the office of theclerk of court within ten (10) days after the date the notice was mailed tohim. The request for hearing form shall set forth the following exemptions andprovide a place for the person to designate which exemptions he claims:

 

(i) Social security benefits pursuant to 42 U.S.C. 407 andsupplemental security income;

 

(ii) Veteran's benefits;

 

(iii) Black lung benefits;

 

(iv) Personal opportunities with employment responsibilities(POWER) payments;

 

(v) Federal civil service and state retirement system benefitsas provided in 5 U.S.C. 8346 and W.S. 9-3-426, 9-3-620, 9-3-712 and 15-5-313;

 

(vi) Worker's compensation benefits;

 

(vii) Unemployment compensation benefits;

 

(viii) Earnings from personal services as defined by W.S.1-15-102(a)(vi);

 

(ix) Homestead, personal articles and articles used for carryingon a trade or business to the extent provided by W.S. 1-20-101 through1-20-111;

 

(x) Other exemptions as provided by law.

 

(c) The notice shall state that there may be additionalexemptions not listed which may be applicable. Failure by the person to claiman exemption on the request for hearing form does not preclude him fromclaiming other exemptions or defenses at a hearing on the matter. If a personfails to make a written request for a hearing and claim exemptions pursuant tothis section within ten (10) days after the date the notice was mailed to him,the notice shall state he may waive or lose his rights under this section.

 

(d) The sheriff may withhold execution of the prejudgment writof attachment or garnishment until the plaintiff either provides the person'slast known address or a statement that the plaintiff has no knowledge of theperson's last known address. The sheriff shall have no duty under this sectionif the plaintiff provides a statement that the plaintiff has no knowledge ofthe defendant's address.

 

(e) In the case of a post judgment writ of garnishment,procedures for notice and hearing on a claim of exemptions shall be as providedby W.S. 1-15-501 through 1-15-511 or 1-17-102.

 

1-15-108. Forms.

 

Affidavits,notices, writs and other forms for use in attachment, replevin, garnishment andcontinuing garnishment shall be in accordance with rules promulgated by thesupreme court of Wyoming.

 

ARTICLE 2 - ATTACHMENT

 

1-15-201. When attachment may issue; affidavit.

 

(a) Subject to W.S. 1-15-101 through 1-15-108 and theprovisions of this article, at any time after the filing of the complaint in acivil action for the recovery of money, the plaintiff may have the property ofthe defendant not exempt from execution attached as security for thesatisfaction of any judgment that may be recovered.

 

(b) Before a writ of attachment is issued, the plaintiff shallfile with the court in which the action is pending an affidavit stating:

 

(i) That the defendant is indebted to the plaintiff, specifyingthe amount of the indebtedness over and above all legal setoffs and the natureof the indebtedness;

 

(ii) That the attachment is not sought to hinder, delay ordefraud any creditor of the defendant;

 

(iii) That the payment of the indebtedness has not been securedby any mortgage or lien upon real or personal property in this state, or, iforiginally so secured, that the security has, without any act of the plaintiffor the person to whom the security was given, become impaired; and

 

(iv) Any one (1) or more of the following grounds forattachment:

 

(A) That the defendant is not a resident of this state;

 

(B) That the defendant is a foreign corporation, not qualifiedto do business in this state;

 

(C) That the defendant stands in defiance of an officer, orconceals himself so that process cannot be served upon him;

 

(D) That the defendant has assigned, removed, disposed of orconcealed, or is about to assign, remove, dispose of or conceal, any of hisproperty with intent to defraud his creditors;

 

(E) That the defendant has departed or is about to depart fromthe state to the injury of his creditors;

 

(F) That the defendant fraudulently or criminally contractedthe debt or incurred the obligation respecting which the action is brought.

 

1-15-202. Issuance of writ; contents.

 

(a) If authorized by a written order of the court pursuant toW.S. 1-15-103(a)(i), the clerk shall issue the writ of attachment upon thefiling by the plaintiff of the bond required by W.S. 1-15-104.

 

(b) The plaintiff may have other writs of attachment issued asoften as he may require at any time before judgment, based upon the originalaffidavit and bond, if the amount of the bond is sufficient.

 

(c) In actions pending in district court or circuit courtseveral writs may be issued at the same time to the sheriff of any county.

 

(d) The writ shall be issued in the name of the state ofWyoming and shall be directed to the sheriff of any county in which property ofthe defendant is located and shall require him to attach and safely keep allthe property of the defendant within his jurisdiction not exempt fromexecution, or so much thereof as may be sufficient to satisfy the plaintiff'sdemand, the amount of which shall be stated in conformity with the complaint.

 

1-15-203. Manner of executing writ.

 

(a) If the undertaking provided for in W.S. 1-15-105(a) is notgiven by the defendant at or before the time the writ is executed, the sheriffto whom the writ is directed shall execute the writ without delay in thefollowing manner:

 

(i) Real property owned in the name of the defendant shall beattached by filing with the county clerk a copy of the writ, together with adescription of the property attached, and a notice that it is attached, and byleaving a copy of the writ, description and notice with an occupant of theproperty, or if there is no occupant, by posting the copy of the writ,description and notice in a conspicuous place on the property attached;

 

(ii) Growing crops, which until severed shall be deemed personalproperty not capable of manual delivery, growing upon real property owned inthe name of the defendant shall be attached by filing with the county clerk acopy of the writ, together with a description of the growing crops to beattached, and of the real property upon which the crops are growing, and anotice that the growing crops are attached in pursuance of the writ, and byleaving a copy of the writ, description and notice with an occupant of the realproperty, or if there is no occupant, by posting the copy of the writ,description and notice in a conspicuous place on the real property;

 

(iii) Real property or an interest therein belonging to thedefendant and held in the name of any other person, shall be attached by filingwith the county clerk a copy of the writ, together with a description of theproperty and a notice that the real property and any interest of the defendanttherein held in the name of the other person, naming him, are attached, and byleaving with the occupant, if any, and with the named person or his agent, ifknown and within the county, or at the residence of either, if within thecounty, a copy of the writ, with a similar description and notice. If there isno occupant of the property, a copy of the writ, together with the descriptionand notice, shall be posted in a conspicuous place upon the property. Whenfiled, the county clerk shall index the attachment in the names of thedefendant and of the person in whose name the real property is held;

 

(iv) Growing crops, which until severed, shall be deemedpersonal property not capable of manual delivery, or any interest therein belongingto the defendant, and growing upon real property held in the name of any otherperson, shall be attached in the same manner as crops growing upon realproperty held in the name of the defendant are attached under paragraph (ii) ofthis subsection. The notice of attachment shall state that the crops thereindescribed or any interest of the defendant therein, held by, or standing uponthe records of the county in the name of such other person, naming him, areattached pursuant to the writ. In addition, a copy of the writ, descriptionand notice shall be delivered to such other person, or his agent, if known andwithin the county, or left at the residence of either, if known and within thecounty. When filed, the county clerk shall index the attachment in the names ofthe defendant and of the person in whose name the real property is held;

 

(v) Personal property capable of manual delivery shall beattached by taking it into custody;

 

(vi) Stocks or shares, or interest in stocks or shares, of anycorporation or company shall be attached as provided by W.S. 1-19-101 through1-19-108;

 

(vii) Personal property not capable of manual delivery shall beattached by leaving a copy of the writ with the person having the property inhis possession if he can be found, and by placing a conspicuous notice of levyon the property;

 

(viii) Personal property, other than earnings from personalservices as defined by W.S. 1-15-102(a)(vi), in the possession of anotherperson shall be attached by service of a writ of garnishment as provided byW.S. 1-15-401 through 1-15-425;

 

(ix) If there are several attachments against the same defendantin different actions, they shall be executed in the order in which they arereceived by the sheriff.

 

1-15-204. Third party claims; indemnity to sheriff; application forrelease.

 

(a) If the sheriff executing the writ has actual notice of anythird party claim to the personal property to be levied on or is in doubt as toownership of the property, or of encumbrances thereon, or damage to theproperty held that may result by reason of its perishable character, he mayrequire the plaintiff to file with the sheriff a surety bond, indemnifying thesheriff against any loss or damage by reason of the illegality of any holdingor sale on execution, or by reason of damage to any personal property heldunder attachment. Unless a lesser amount is acceptable to the sheriff, thebond shall be in double the amount of the estimated value of the property to beseized.

 

(b) Any person not a party to the action, who claims ownershipor right to possession of property attached, may, at any time, either before orafter judgment, be made a party on his application for the purpose of removingor discharging the attachment. The court may grant summary relief as is just,and may in proper cases try appropriate issues by jury.

 

1-15-205. Return of sheriff; inventory of property.

 

Thesheriff shall return the writ of attachment to the court within twenty (20)days after its receipt, together with a certificate of his actions endorsedthereon or attached thereto. The certificate shall contain a full inventory ofthe property attached.

 

1-15-206. Examination of defendant.

 

Thedefendant may be required to appear before the court or a master appointed by thecourt, to be examined on oath respecting his property. After any examinationconducted pursuant to this section, the court or master may order personalproperty capable of manual delivery to be delivered to the officer, on anyterms as are just, having reference to any liens on or claims against thepersonal property, and may require a memorandum of the amount and descriptionof all other personal property. The court shall make provision for witnessfees and mileage as is just.

 

1-15-207. Sale of attached property before judgment.

 

(a) If any of the property attached is perishable, the sheriffshall sell it in the manner in which property is sold on execution. Thesheriff shall retain the proceeds and other property attached by him to answerany judgment that may be recovered in the action, unless released ordischarged, or subjected to execution upon another judgment recovered previousto issuing the attachment.

 

(b) When property has been taken by an officer under a writ ofattachment and the court is satisfied that the interest of the parties to theaction will be served by a sale, the court may order the property sold in thesame manner as property sold under an execution, and the proceeds deposited inthe court to be disbursed pursuant to the judgment in the action. The ordershall be made only upon notice to the adverse party if the party has beenpersonally served or has entered an appearance in the action.

 

1-15-208. Satisfaction of judgment; deficiency; redelivery ofproperty.

 

(a) If judgment is recovered by the plaintiff, the sheriffshall satisfy it out of the attached property which has not been delivered tothe defendant or to a claimant pursuant to W.S. 1-15-105, or subjected to aprior lien, by paying to the plaintiff the proceeds of all sales of perishableproperty sold by the sheriff, or of any debts or credits collected by thesheriff or as much as is necessary to satisfy the judgment. If any balanceremains due and an execution has issued on the judgment, the sheriff shall sellunder the execution so much of the property, real or personal, as may benecessary to satisfy the balance, if enough real or personal property for thatpurpose remains in his hands. Notice of the sales shall be given and the salesshall be conducted as in other cases of sales on execution.

 

(b) After selling all the property attached by the sheriffwhich remains in his hands, the sheriff shall deduct his fees and apply theproceeds and any debts or credits collected by him, to the payment of thejudgment. If any balance remains due on the judgment, the sheriff shall proceedto collect it as upon an execution in other cases. When the judgment is paidin full, the sheriff upon reasonable demand, shall deliver to the defendant theattached property remaining in his hands and any proceeds of the propertyattached not applied to the judgment.

 

1-15-209. Proceedings where defendant prevails.

 

Ifthe plaintiff does not recover judgment against the defendant, any undertakingreceived in the action, all the proceeds of sales and money collected by thesheriff and all the property attached remaining in his hands shall be deliveredto the defendant, and the attachment shall be discharged and the propertyreleased therefrom.

 

1-15-210. Release of attachment upon real property.

 

Ifthe plaintiff does not recover judgment or an order is made discharging orreleasing an attachment upon real property, a certified copy of the judgment ororder shall be filed and indexed in the office of the county clerk in whichthe notice of attachment has been filed.

 

1-15-211. Attachment before maturity of claim.

 

Aparty may commence an action upon an obligation before it is due and have anattachment against the property of the debtor upon any one (1) or more of thegrounds set forth in W.S. 1-15-201(b)(iv)(D) through (F). The propertyattached, or its proceeds, shall be held subject to the judgment to berendered, but no judgment shall be rendered on the claim until the obligationbecomes due.

 

1-15-212. Property bound from time of service.

 

Anorder of attachment binds the property attached from the time the writ isexecuted.

 

ARTICLE 3 - REPLEVIN

 

1-15-301. Possession of personal property pending action.

 

Subjectto W.S. 1-15-101 through 1-15-108, after filing the complaint and at any timebefore judgment, the plaintiff in an action to recover the possession ofpersonal property may claim the delivery of the property to him as provided inthis article.

 

1-15-302. Affidavit.

 

(a) When delivery is claimed, the plaintiff shall file with thecourt an affidavit stating:

 

(i) A description of the property claimed;

 

(ii) The plaintiff is the owner of the property or has a specialownership or interest in it, stating the facts in relation to it, and that heis entitled to the possession of it;

 

(iii) The property is wrongfully detained by the adverse party;

 

(iv) The alleged cause of the detention of the propertyaccording to the best knowledge, information and belief of the affiant;

 

(v) The property has not been taken for a tax, assessment orfine pursuant to a statute, or seized under an execution or an attachmentagainst the property of the plaintiff, or if so seized, that it is by statuteexempt from seizure; and

 

(vi) The actual value of the property.

 

1-15-303. Issuance of writ; undertaking; service.

 

(a) If authorized by a written order of the court pursuant toW.S. 1-15-103(a)(i), and upon the filing by plaintiff of the bond required byW.S. 1-15-104, the clerk shall issue the writ of replevin.

 

(b) The writ shall be issued in the name of the state ofWyoming and shall require the sheriff to take the property described in theaffidavit and retain it in his custody until delivered as provided in thisarticle. The sheriff shall execute the writ and without delay serve on thedefendant a copy of the affidavit, undertaking and writ. If personal servicecannot be made upon the defendant service shall be made by depositing a copy ofthe papers in the United States mail, postage prepaid, addressed to thedefendant at his last known address.

 

1-15-304. Delivery of property.

 

Subjectto the provisions of W.S. 1-15-103(a)(viii) and 1-15-306, property seized undera writ of replevin shall be delivered by the sheriff to the plaintiff unlessreturned to the defendant pursuant to W.S. 1-15-104(c) or 1-15-105.

 

1-15-305. Return of sheriff.

 

Thesheriff shall return the writ to the court within twenty (20) days after itsreceipt, together with a certificate of his actions endorsed thereon orattached thereto.

 

1-15-306. Claim to property by third party.

 

Ifproperty taken under a writ of replevin is claimed by any person other than thedefendant, and the claimant serves on the sheriff an affidavit stating thegrounds of the claimant's title or right to possession, the sheriff is notbound to keep the property or deliver it to the plaintiff, unless the plaintifffiles with the sheriff a surety bond, indemnifying the sheriff against any lossor damage by reason of the illegality of any holding or delivery or by reasonof damage to any personal property held under the writ of replevin. Unless alesser amount is acceptable to the sheriff, the bond shall be in double theamount of the estimated value of the property seized.

 

ARTICLE 4 - GARNISHMENT

 

1-15-401. Availability of writ of garnishment.

 

(a) Subject to W.S. 1-15-101 through 1-15-108, a plaintiff orjudgment creditor may obtain a writ of garnishment as provided in this article.

 

(b) A prejudgment writ of garnishment is available as a meansof attachment of tangible or intangible property, other than earnings frompersonal services of the defendant, at any time after the filing of a complaintand before judgment, in cases in which a writ of attachment is available underW.S. 1-15-201.

 

(c) A post judgment writ of garnishment is available to satisfya money judgment.

 

1-15-402. Property subject to garnishment.

 

Anywrit of garnishment may be used to levy upon or affect the accrued credits,chattels, goods, effects, debts, choses in action, money and other personalproperty and rights to property of the defendant in the possession of a thirdperson, or under the control or constituting a performance obligation of anythird person, whether due or yet to become due at the time of service of thewrit of garnishment, which are not exempt from garnishment or execution underany applicable provisions of state or federal law.

 

1-15-403. Affidavit for writ of prejudgment garnishment.

 

(a) Before a writ of prejudgment garnishment is issued, theplaintiff shall file with the court in which the action is pending an affidavitstating:

 

(i) The facts showing that plaintiff's claim is one upon whichattachment is authorized by W.S. 1-15-201;

 

(ii) The grounds and cause for the garnishment;

 

(iii) That the plaintiff has good reason to believe that thedefendant has nonexempt credits, chattels, goods, effects, debts, choses inaction or other personal property or rights to obligations of performance inthe possession or in the control or otherwise owing from one (1) or more specifiedthird persons that plaintiff seeks to charge as garnishees or that such thirdpersons are indebted to the defendant; and

 

(iv) That the property, rights or debts are not earnings for thepersonal services of the defendant, or otherwise exempt from garnishment.

 

1-15-404. Issuance of writ of prejudgment garnishment.

 

Ifauthorized by a written order of the court pursuant to W.S. 1-15-103(a)(i), theclerk shall issue one (1) or more writs of prejudgment garnishment upon thefiling by the plaintiff of the bond required by W.S. 1-15-104.

 

1-15-405. Issuance of writ of post judgment garnishment; multiplewrits.

 

(a) After the entry of a judgment requiring the payment ofmoney, the clerk of the court from which execution could issue shall, uponapplication of the plaintiff, issue one (1) or more writs of post judgmentgarnishment. The writ may be issued without the necessity for a bond.

 

(b) Several writs may be issued at the same time and the namesof as many persons as are sought to be charged as garnishees may be inserted inthe same writ or different writs.

 

1-15-406. Content of writ of prejudgment or post judgment garnishment;to whom directed.

 

Awrit of prejudgment or post judgment garnishment shall be issued in the name ofthe state of Wyoming and shall be directed to the person or persons designatedin the plaintiff's affidavit as garnishee. The writ shall advise each personthat until further order of the court or until the garnishee has complied withthe requirements of W.S. 1-15-407(c), he is attached as garnishee in theaction, command him not to pay any debt due or to become due to the defendantwhich is not exempt from execution and to retain possession and control of allcredits, chattels, goods, effects, debts, choses in action, money and personalproperty and rights to property of the defendant not exempt from execution.

 

1-15-407. Answer of garnishee; release of garnishee.

 

(a) A writ of prejudgment or post judgment garnishment shallrequire the garnishee to file with the court a verified answer within ten (10)days, excluding Saturdays, Sundays and legal holidays, from the date of serviceof the writ. The answer of the garnishee shall state:

 

(i) Whether the garnishee is indebted to the defendant, eitherin property or in money, whether the same is now due and, if not, when it is tobecome due;

 

(ii) Whether the garnishee has in his possession, custody orcontrol any credits, chattels, goods, effects, debts, choses in action, moneyor other personal property belonging to the defendant, or in which thedefendant has an interest, and if so, the description and value of the same;

 

(iii) Whether the garnishee knows of any debts owing to thedefendant or of any credits, chattels, goods, effects, debts, choses in action,money or other personal property belonging to the defendant or in whichdefendant has an interest, whether in the possession or under the control ofthe garnishee or another, and if so, the particulars thereof;

 

(iv) If the defendant is an employee of the garnishee, thedefendant's job title, position or occupation, the defendant's rate and methodof compensation, his pay period and the computation of the amount of thedefendant's accrued disposable earnings attached by the writ;

 

(v) Whether the garnishee, pursuant to W.S. 1-15-417, isretaining or deducting any amount in satisfaction of a claim the garnishee hasagainst the plaintiff or the defendant, a designation as to whom the claimrelates and the amount retained or deducted.

 

(b) The garnishee shall mail a copy of his answer to theplaintiff and defendant if, at the time he is served with the writ, thegarnishee is furnished with stamped envelopes addressed to the parties.

 

(c) The garnishee shall be released from the writ ofgarnishment not later than thirty (30) days after service of the writ on thegarnishee, unless sooner released by order of the court, provided, that thegarnishee has first filed with the court the verified answer required bysubsection (a) of this section and delivered to the court all of thedefendant's credits, chattels, goods, effects, debts, choses in action, money,personal property and rights to property not exempt from execution, in thepossession of the garnishee or coming into his possession within thirty (30)days after service of the writ.

 

1-15-408. Garnishment of earnings for personal services.

 

(a) A writ of post judgment garnishment attaching earnings forpersonal services shall attach that portion of the defendant's accrued andunpaid disposable earnings, specified in subsection (b) of this section. Thewrit shall direct the garnishee to withhold from the defendant's accrueddisposable earnings the amount attached pursuant to the writ and to pay theexempted amount to the defendant at the time his earnings are normally paid. Earnings for personal services shall be deemed to accrue on the last day of theperiod in which they were earned or to which they relate. If the writ isserved before or on the date the defendant's earnings accrue and before thesame have been paid to the defendant, the writ shall be deemed to have beenserved at the time the periodic earnings accrue. If more than one (1) writ isserved, the writ first served shall have priority. Notwithstanding any otherprovision of this subsection, an income withholding order for child supportobtained pursuant to W.S. 20-6-201 through 20-6-222 shall have priority overany other garnishment.

 

(b) The maximum portion of the aggregate disposable earnings ofan individual which are subject to garnishment is the lesser of:

 

(i) Twenty-five percent (25%) of defendant's disposableearnings for that week; or

 

(ii) The amount by which defendant's aggregate disposableearnings computed for that week exceeds thirty (30) times the federal minimumhourly wage prescribed by the Fair Labor Standards Act of 1938, 29 U.S.C.206(a)(1), in effect at the time the earnings are payable, or, in case ofearnings for any pay period other than a week, any equivalent multiple thereofprescribed by the administrator of the Wyoming Uniform Consumer Credit Code inthe manner provided by W.S. 40-14-505(b)(iii).

 

(c) Unless a garnishee is specifically informed by affidavit ofthe plaintiff that the defendant has other periodic earnings from sources otherthan from the garnishee and the amount thereof, the garnishee shall treat thedefendant's earnings becoming due from the garnishee as the defendant's entireaggregate earnings for the purpose of computing the sum attached by thegarnishment.

 

1-15-409. Service of writ; return; copy to defendant.

 

(a) A writ of prejudgment or post judgment garnishment shall beserved on the garnishee in the same manner as a summons.

 

(b) Not later than five (5) days after service is made upon thegarnishee the sheriff or other person who served the writ shall mail a copy ofthe writ to the defendant. The writ shall be sent by first class United Statesmail with the postage prepaid. The envelope shall be furnished and properlyaddressed by the plaintiff.

 

1-15-410. Release or discharge of garnishment.

 

Atany time, either before or after the service of any writ of garnishment, thedefendant may obtain a release or discharge as provided by W.S. 1-15-105. Inthe case of a writ of post judgment garnishment, the condition of the bondrequired by W.S. 1-15-105(a)(ii) shall be to the effect that if the plaintiffis entitled to execute the writ upon the property seized, the defendant willpay an amount equal to the value of the property, together with interest andall costs assessed against him, not exceeding the sum specified in the bond.

 

1-15-411. Delivery of property.

 

(a) Repealed by Laws 1988, ch. 42, 2.

 

(b) The garnishee may deliver to the officer serving the writthe property belonging to and the money due to the defendant as shown by theanswer of the garnishee. The officer shall return the property, money and thewrit to the court. The property shall then be dealt with as ordered by thecourt. After the property is delivered, the garnishee shall be relieved fromfurther liability in the proceedings, unless his answer is successfullycontroverted as provided in this article.

 

1-15-412. Reply to answer of garnishee; trial of issues; judgment.

 

Ifthe garnishee answers, the plaintiff or defendant may, within ten (10) daysafter the answer of the garnishee is filed with the court, file and serve uponthe garnishee and the other party to the action a reply to the garnishee'sanswer. Either party may also allege any matters which would charge thegarnishee with liability. New matter in a reply is deemed denied. Matters inissue shall be tried to the court and judgment entered as in other civilactions. Costs shall be awarded to the prevailing party unless the courtotherwise directs.

 

1-15-413. Judgment on answer of garnishee.

 

(a) The parties to the principal action who fail to reply tothe answer of the garnishee shall be deemed to have accepted it as correct. Ifboth parties to the principal action have accepted the answer, an appropriatejudgment shall be entered. If the answer shows that the garnishment hasattached personal property of any kind in the possession or under the controlof the garnishee which belongs to and is due the defendant, the court shallenter judgment that the garnishee deliver the personal property to thesheriff. If the plaintiff has already recovered, or subsequently recoversjudgment against the defendant in the action, the personal property or as muchas may be necessary shall be sold upon execution and the proceeds appliedtoward the satisfaction of the judgment, together with the costs of the actionand proceedings. Any surplus of the personal property or the proceeds thereofshall be returned to the defendant.

 

(b) If the answer shows that the garnishee is indebted to thedefendant, and if the plaintiff has recovered, or subsequently recoversjudgment against the defendant in the action, the court shall also enterjudgment in favor of the defendant for the use of the plaintiff against thegarnishee. The judgment shall be the amount attached as shown in the answer butshall not be for a greater sum than is necessary to satisfy the judgmentagainst the defendant, together with costs. In no event shall the garnishee bechargeable with costs except under the provisions of W.S. 1-15-412 and1-15-414.

 

1-15-414. Proceedings on failure of garnishee to answer.

 

Ifthe garnishee has been duly served with a writ of prejudgment or post judgmentgarnishment and fails to answer as required by W.S. 1-15-407, the plaintiff mayenter the default of the garnishee and proceed to prove the liability of thegarnishee. The garnishee may be ordered to appear before the court or a masterappointed by the court and be examined in the same manner as persons areexamined under the discovery provisions of the Wyoming Rules of Civil Procedure. The court may make provision for witness fees and mileage as is just, providedthat if any garnishee has willfully failed to file any required answer, he maybe required to pay the costs of any proceeding taken for the purpose ofobtaining the information required to be furnished in the answer. Judgmentshall be entered upon the evidence to the same effect as if the garnishee hadanswered. Costs shall be awarded to the prevailing party unless the courtotherwise directs.

 

1-15-415. Judgment discharges garnishee for amount paid.

 

Agarnishee shall be discharged from all claims of all parties in the garnisheeaction for all goods, effects and credits paid, delivered or accounted for bythe garnishee as a result of any judgment against the garnishee.

 

1-15-416. Intervention or interpleader of third persons.

 

(a) If it appears that any person not a party to the action hasor claims an interest in any of the garnished property antedating thegarnishment, the court may permit that person to appear and maintain hisrights.

 

(b) If the answer of the garnishee discloses that any personother than the defendant claims the indebtedness or property in his hands, thecourt may on motion order that the claimant be interpleaded as a defendant tothe garnishee action. Notice in such form as the court shall direct, togetherwith a copy of the order, shall be served upon the third-party claimant in themanner required for the service of a summons. The garnishee may pay or deliverto the court the indebtedness or property, which shall be a complete dischargefrom all liability to any party for the amount paid or property delivered. Thethird-party claimant shall be deemed a defendant to the garnishee action andshall answer within ten (10) days, setting forth his claim or defense. In caseof default, judgment may be rendered as in other cases of default which shallconclude any claim upon the part of the third-party claimant.

 

(c) Any person who intervenes or is interpleaded as a defendantunder this section is bound by the judgment in the garnishee action.

 

1-15-417. Claims of garnishee against plaintiff or defendant.

 

Agarnishee may retain or deduct out of the property, effects or credits of thedefendant in his hands all demands whether or not due against the plaintiff andagainst the defendant of which he could have availed himself if he had not beenserved as garnishee. The garnishee is liable for the balance only after allmutual demands between himself and the plaintiff and defendant are settled, notincluding unliquidated damages for wrongs and injuries. The verdict orfindings, if any, and the judgment shall show against which party any claim isallowed, and the amount thereof.

 

1-15-418. Liability of garnishee on negotiable instruments.

 

Noperson shall be liable as garnishee for having drawn, accepted, made orendorsed any negotiable instrument in the hands of the defendant at the time ofservice of the writ of prejudgment or post judgment garnishment when thenegotiable instrument is not due.

 

1-15-419. When garnishee is mortgagee or pledgee.

 

Whenany personal property, choses in action or effects of the defendant in thehands of the garnishee are mortgaged or pledged, or in any way liable for thepayment of a debt to the garnishee, the plaintiff may obtain an order from thecourt authorizing the plaintiff to pay the amount due the garnishee, andrequiring the garnishee to deliver the personal property, choses in action andeffects, to the officer serving the writ of prejudgment or post judgment garnishmentupon payment to the garnishee of the amount due him by the plaintiff.

 

1-15-420. Where property held to secure performance of otherobligation.

 

(a) The court may order the plaintiff to redeem personalproperty, choses in action or effects levied upon under a writ of prejudgmentor post judgment garnishment by performing the obligation or tenderingperformance if:

 

(i) The personal property, choses in action or effects secureany obligation other than the payment of money; and

 

(ii) The obligation secured can be performed by the plaintiffwithout damage to the interested persons.

 

(b) Upon performance under subsection (a) of this section orany tender thereof which is refused, the garnishee shall deliver the personalproperty and effects to the officer serving the writ.

 

1-15-421. Disposition of property.

 

(a) All personal property, choses in action and effectsreceived by the sheriff under W.S. 1-15-419 or 1-15-420, shall be disposed ofin the same manner as if the property, choses in action and effects had beendelivered by the garnishee under the provisions of W.S. 1-15-411, provided thatthe plaintiff shall, out of the proceeds thereof:

 

(i) Be first repaid the amount paid by him to the garnishee forthe redemption of the property, choses in action or effects; or

 

(ii) Be indemnified for any other act or thing done by him orperformed pursuant to the order of the court for the redemption of theproperty, choses in action or effects.

 

1-15-422. Effect of discharge of garnishee.

 

Exceptas provided by W.S. 1-15-415, a judgment discharging a garnishee shall be nobar to an action brought against the garnishee by the defendant for or onaccount of the same demand.

 

1-15-423. Execution on judgment against garnishee for debt not due.

 

Whena judgment is rendered against a garnishee with respect to a debt from thegarnishee to the defendant and the debt is not yet due, execution shall notissue until the debt has become due.

 

1-15-424. Failure to proceed against nonexempt garnished earnings.

 

Ifa judgment creditor fails, within sixty (60) days from the filing of the answerof the garnishee, to secure a garnishee judgment and execute on garnishednonexempt earnings held by a garnishee pursuant to a writ of post judgmentgarnishment, the writ of garnishment which commanded the garnishee to hold thenonexempt portion of the defendant's earnings shall be released and dischargedwithout further order of the court. In that event the garnishee shall pay tothe judgment debtor that portion of his earnings which had been held pursuantto the writ of garnishment.

 

1-15-425. Garnishee bound.

 

Agarnishee served with a writ of prejudgment or post judgment garnishment shallhold for the benefit of the plaintiff all property of the defendant in his possession,and money and credits due from him to the defendant, from the time he is servedwith the writ until the writ is discharged.

 

ARTICLE 5 - CONTINUING GARNISHMENT

 

1-15-501. Definitions.

 

(a) As used in this article:

 

(i) "Continuing garnishment" means any procedure forwithholding the earnings of a judgment debtor for successive pay periods forpayment of a judgment debt;

 

(ii) "Court" means any district court or circuit courtof this state;

 

(iii) "Disposable earnings" means that part of anindividual's earnings remaining after the deduction of all amounts required bylaw to be withheld;

 

(iv) "Earnings" means compensation paid or payable forpersonal services, including but not limited to wages, salary, commission,bonus, proceeds of any pension or retirement benefits or deferred compensationplan. "Earnings" does not include compensation paid as per diem;

 

(v) "Garnishee" means a person other than a judgmentcreditor or judgment debtor who is in possession of earnings of the judgment debtorand who is subject to garnishment in accordance with the provisions of thisarticle;

 

(vi) "Garnishment" means any procedure through whichthe property or earnings of an individual in the possession or control of agarnishee are required to be withheld for payment of a judgment debt;

 

(vii) "Judgment creditor" means any person who hasrecovered a money judgment against a judgment debtor in a court of competentjurisdiction;

 

(viii) "Judgment debtor" means any person who has ajudgment entered against him in a court of competent jurisdiction.

 

1-15-502. Continuing garnishment; creation of lien.

 

(a) In addition to garnishment proceedings otherwise availableunder the laws of this state, in any case in which a money judgment is obtainedin a court of competent jurisdiction the judgment creditor or his assigneesshall be entitled, in accordance with this article, to have the clerk of thecourt issue a writ for continuing garnishment against any garnishee who is anemployer of the judgment debtor. Issuance of a writ of execution is not aprerequisite to issuance of a writ of continuing garnishment. To the extentthat the earnings are not exempt from garnishment, the garnishment shall be alien and continuing levy upon the earnings due or to become due to the judgmentdebtor at the time the writ of continuing garnishment is served on thegarnishee.

 

(b) Subject to the provisions of W.S. 1-15-504, garnishmentpursuant to subsection (a) of this section shall be a lien and continuing levyagainst said earnings due until such time as the employment relationship isterminated, the underlying judgment is vacated, modified or satisfied in full,the writ is dismissed, or ninety (90) days have expired since service of thewrit, whichever is sooner. A continuing garnishment may be suspended for aspecified period of time by the judgment creditor upon agreement with thejudgment debtor. The agreement shall be in writing and filed by the judgmentcreditor with the clerk of the court in which the judgment was entered and acopy of the agreement shall be delivered by the judgment creditor to thegarnishee.

 

(c) Continuing garnishment pursuant to this article shall applyonly to proceedings against the earnings of a judgment debtor who is a naturalperson.

 

1-15-503. Earnings subject to continuing garnishment.

 

(a) Subject to the provisions of W.S. 1-15-504, any earningsowed by the garnishee to the judgment debtor at the time of service of the writof continuing garnishment upon the garnishee and all earnings accruing from thegarnishee to the judgment debtor from the date of service up to and includingthe ninetieth day thereafter is subject to the process of continuinggarnishment.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter15

CHAPTER 15 - ATTACHMENT, REPLEVIN AND GARNISHMENT

 

ARTICLE 1 - IN GENERAL

 

1-15-101. Applicability.

 

(a) This chapter shall apply to and govern:

 

(i) Attachment, replevin and garnishment proceedings in alldistrict courts and circuit courts of this state;

 

(ii) Post judgment garnishment in small claims proceedings asprovided by W.S. 1-21-205.

 

1-15-102. Definitions.

 

(a) As used in this chapter unless otherwise defined:

 

(i) "Attachment" means the procedure by which aplaintiff obtains a judicial lien on a defendant's property prior to judgment;

 

(ii) "Continuing garnishment" means any procedure forwithholding the earnings of a judgment debtor for successive pay periods forpayment of a judgment debt;

 

(iii) "Court" means any district court or circuit courtof this state;

 

(iv) "Defendant" means a person whose property isbeing attached, garnished or replevied by a plaintiff and includes a judgmentdebtor after entry of judgment;

 

(v) "Disposable earnings" means that part of anindividual's earnings remaining after the deduction of all amounts required bylaw to be withheld;

 

(vi) "Earnings" or "earnings from personalservices" means compensation paid or payable for personal services,whether denominated as wages, salary, commission, bonus, proceeds of anypension or retirement benefits or deferred compensation plan or otherwise;

 

(vii) "Garnishee" means a person other than a plaintiffor defendant who is in possession of earnings or property of the defendant andwho is subject to garnishment in accordance with the provisions of thischapter;

 

(viii) "Garnishment" means the procedure by which aplaintiff on whose behalf a writ of garnishment has been issued against adefendant reaches tangible or intangible personal property of the defendant inthe possession, control or custody of, or debts or other monetary obligationsowing by, a third person;

 

(ix) "Judgment creditor" means any person who hasrecovered a money judgment against a judgment debtor in a court of competentjurisdiction;

 

(x) "Judgment debtor" means any person who has ajudgment entered against him in a court of competent jurisdiction;

 

(xi) "Officer" means sheriff;

 

(xii) "Plaintiff" means a person who is attaching,garnishing or repleving property of a defendant and includes a judgmentcreditor after entry of judgment;

 

(xiii) "Replevin" means the procedure by which aplaintiff in a pending action to recover possession of property obtainsredelivery of property claimed to be wrongfully taken or detained.

 

1-15-103. General procedures relating to prejudgment writs ofattachment, replevin and garnishment; issuance of writs without notice.

 

(a) Prejudgment writs of attachment, replevin and garnishmentshall be issued subject to the following conditions and circumstances:

 

(i) The writ shall issue only upon written motion and pursuantto a written order of the court;

 

(ii) The court shall not direct the issuance of the writ withoutnotice to the adverse party and an opportunity to be heard unless it clearlyappears from specific facts shown by affidavit or by the verified complaintthat immediate and irreparable injury will result to the plaintiff beforenotice can be served and a hearing had thereon. A finding by the court thatthe plaintiff will suffer irreparable injury shall be made only if the courtfinds the existence of either of the following circumstances:

 

(A) There is present danger that the property will beimmediately disposed of, concealed, or placed beyond the jurisdiction of thecourt; or

 

(B) The value of the property will be impaired substantially ifthe issuance of an order of attachment is delayed.

 

(iii) An order granted without notice authorizing the issuance ofa writ shall be endorsed with the date and hour of issuance and shall be filedin the clerk's office and entered of record. The order shall define the injuryand state why the injury is irreparable and why the order was granted withoutnotice. The order, and any writ issued pursuant thereto, shall expire within atime fixed by the court, not to exceed ten (10) days after issuance. Within thetime fixed, the court may, after notice and hearing, order the writ continued in effect or the adverse party may consent that the writ may be extended for alonger period. The reasons for the extension shall be entered of record;

 

(iv) If the order granting the writ is issued without notice, ahearing thereon shall be set for the earliest reasonable time;

 

(v) At the hearing on the issuance of the writ or itscontinuance, the plaintiff shall have the burden of establishing the factsjustifying the issuance and continuance of the writ;

 

(vi) On notice to the plaintiff obtaining the issuance of thewrit without notice, the adverse party may appear and move dissolution ormodification of the writ, and in that event the court shall proceed to hear anddetermine the motion as expeditiously as possible;

 

(vii) Any notice required under this section shall be in a formand served in a manner as will expeditiously give the adverse party actualnotice of the proceeding, all as directed by the court;

 

(viii) In the event that property has been seized by the sheriffpursuant to the issuance of a writ without notice, the property shall beretained by him subject to the order of the court.

 

1-15-104. Prejudgment writs; bond required; objection to plaintiff'ssureties; hearing on objections; liability of sureties.

 

(a) No prejudgment writ of attachment, replevin or garnishmentshall issue unless the plaintiff files with the clerk a surety bond in anamount fixed by the court for the payment of all costs and damages which may beincurred or suffered by any party as a result of the wrongful issuance of thewrit, not exceeding the sum specified in the bond.

 

(b) If the party for whose benefit a bond under subsection (a)of this section is given is not satisfied with the amount of the bond or thesufficiency of the sureties, he may, within five (5) days, excluding Saturdays,Sundays and legal holidays, after the receipt of a copy of the bond, serve uponthe party giving the bond a notice that the party for whose benefit the bond isgiven objects to the amount of the bond or the sufficiency of the sureties. Ifthe party for whose benefit the bond is given fails to object within the timeallowed he is deemed to have waived all objection to the amount of bond and thesufficiency of the sureties.

 

(c) Notice of objections to the amount of bond and thesufficiency of sureties as provided in subsection (b) of this section shall befiled in the form of a motion for hearing on objections to the bond. Upondemand of the objecting party, each surety shall appear at the hearing of themotion and be subject to examination as to the surety's pecuniaryresponsibility or the validity of the execution of the bond. Upon hearing, thecourt shall approve or reject the bond as filed or require any amended,substitute or additional bond as the circumstances warrant. If the courtrejects the bond or if the plaintiff fails within the time allowed to file anyamended, substitute or additional bond required by the court, any propertyseized under the writ shall be returned to the defendant.

 

(d) The bond required by this section shall, in addition toother requirements, provide that each surety is subject to the jurisdiction ofthe court and irrevocably appoints the clerk of the court as the agent of thesurety upon whom any papers affecting the liability of the surety on the bondmay be served, and that the liability of the surety may be enforced on motionand upon notice as the court may require without the necessity of anindependent action.

 

1-15-105. Writs; release of property or discharge of writ; undertakingrequired; objections to defendant's sureties; liability of sureties.

 

(a) At any time, either before or after the execution of a writof attachment, replevin or garnishment, the defendant may obtain a release ofany property or a discharge of the writ as follows:

 

(i) To secure a discharge of the attachment or garnishment thedefendant shall furnish a bond, with sufficient sureties, in a sum of not lessthan double the amount claimed by the plaintiff, but not less than fiftydollars ($50.00) in amount. The conditions of the bond shall be to the effectthat if the plaintiff recovers judgment, the defendant will pay the judgmenttogether with interest and all costs assessed against him, not exceeding thesum specified in the bond;

 

(ii) To secure a release of property seized under a writ ofattachment, replevin or garnishment, the defendant shall furnish a bond, withsufficient sureties, in a sum not less than the value of the property to bereleased, but in no case in an amount greater than necessary to obtain adischarge of the writ under paragraph (i) of this subsection. The conditionsof the bond shall be to the effect that if the plaintiff recovers judgment, thedefendant will pay the judgment, together with interest and all costs assessedagainst him, not exceeding the sum specified in the bond.

 

(b) The bond required by subsection (a) of this section shallbe delivered to the sheriff at or before the time of service of the writ ofattachment, replevin or garnishment. If the release or discharge is soughtafter the writ has been executed or the property seized, the defendant shallapply to the court, upon reasonable notice to the plaintiff, for an orderreleasing the property or discharging the writ.

 

(c) The bond required by subsection (a) of this section shallbe filed with the court, and a copy of the bond served upon the plaintiff. Within five (5) days, excluding Saturdays, Sundays and legal holidays, afterthe plaintiff is served with notice of the filing of the bond required bysubsection (a) of this section the plaintiff may object to the amount of thebond or the sufficiency of defendant's sureties, by serving upon the defendantand filing with the court a motion for hearing on objection to bond.

 

(d) Upon demand of the plaintiff, each surety shall appear atthe hearing requested under subsection (c) of this section, and be subject toexamination as to the surety's pecuniary responsibility or the validity of theexecution of the bond. Upon hearing, the court shall approve or reject thebond as filed or require any amended, substitute or additional bond as thecircumstances warrant.

 

(e) Upon a discharge of the writ or release of the propertyunder this section, all of the property released, if not sold, and the proceedsof any sale of the property, shall be delivered to the defendant. The releaseor discharge by the court shall not be effective until the time for plaintiffto object to the amount of the bond or the sufficiency of the defendant'ssureties has expired.

 

(f) The bond required by this section shall, in addition toother requirements, provide that each surety is subject to the jurisdiction ofthe court and irrevocably appoints the clerk of the court as his agent uponwhom any papers affecting the liability of the surety on the bond may beserved, and that his liability may be enforced on motion and upon notice as thecourt may require without the necessity of an independent action.

 

1-15-106. Discharge of improperly issued writs.

 

Thedefendant may at any time, upon notice to the plaintiff as the court mayrequire, move the court in which the action is pending, to have a writ ofattachment, replevin or garnishment discharged on the ground that it wasimproperly or irregularly issued. The court shall give the plaintiff reasonableopportunity to correct any defect in the complaint, affidavit, bond, writ orother proceeding so as to show that a legal cause for the writ existed at thetime it was issued.

 

1-15-107. Notice of exemptions; right to a hearing; procedures.

 

(a) Within five (5) days after the court receives the person'swritten request for a hearing, a person whose property is attached or whoseproperty is in the possession of another person and is attached or garnished,and against whom no judgment has been entered, is entitled to a hearing on theattaching party's right to the property. The sheriff shall mail to the person acopy of the order of attachment or writ of garnishment and notice of the rightto a hearing under this section, at the time the order of attachment isexecuted or the writ of garnishment is served on the garnishee. The papersshall be sent by first class United States mail with the postage prepaid andthe envelopes furnished and properly addressed by the plaintiff.

 

(b) The notice required by this section shall inform the personof his right to request a hearing. The notice shall inform him that certainbenefits and property cannot be taken to pay a debt and shall list the exemptedbenefits and property set forth in paragraphs (i) through (x) of thissubsection. The notice shall also include a form for requesting a hearing andinstructions that if the person believes he is entitled to retain or recoverthe property because it is exempt, or for any other reason, he should sign theform requesting a hearing and return or mail the form to the office of theclerk of court within ten (10) days after the date the notice was mailed tohim. The request for hearing form shall set forth the following exemptions andprovide a place for the person to designate which exemptions he claims:

 

(i) Social security benefits pursuant to 42 U.S.C. 407 andsupplemental security income;

 

(ii) Veteran's benefits;

 

(iii) Black lung benefits;

 

(iv) Personal opportunities with employment responsibilities(POWER) payments;

 

(v) Federal civil service and state retirement system benefitsas provided in 5 U.S.C. 8346 and W.S. 9-3-426, 9-3-620, 9-3-712 and 15-5-313;

 

(vi) Worker's compensation benefits;

 

(vii) Unemployment compensation benefits;

 

(viii) Earnings from personal services as defined by W.S.1-15-102(a)(vi);

 

(ix) Homestead, personal articles and articles used for carryingon a trade or business to the extent provided by W.S. 1-20-101 through1-20-111;

 

(x) Other exemptions as provided by law.

 

(c) The notice shall state that there may be additionalexemptions not listed which may be applicable. Failure by the person to claiman exemption on the request for hearing form does not preclude him fromclaiming other exemptions or defenses at a hearing on the matter. If a personfails to make a written request for a hearing and claim exemptions pursuant tothis section within ten (10) days after the date the notice was mailed to him,the notice shall state he may waive or lose his rights under this section.

 

(d) The sheriff may withhold execution of the prejudgment writof attachment or garnishment until the plaintiff either provides the person'slast known address or a statement that the plaintiff has no knowledge of theperson's last known address. The sheriff shall have no duty under this sectionif the plaintiff provides a statement that the plaintiff has no knowledge ofthe defendant's address.

 

(e) In the case of a post judgment writ of garnishment,procedures for notice and hearing on a claim of exemptions shall be as providedby W.S. 1-15-501 through 1-15-511 or 1-17-102.

 

1-15-108. Forms.

 

Affidavits,notices, writs and other forms for use in attachment, replevin, garnishment andcontinuing garnishment shall be in accordance with rules promulgated by thesupreme court of Wyoming.

 

ARTICLE 2 - ATTACHMENT

 

1-15-201. When attachment may issue; affidavit.

 

(a) Subject to W.S. 1-15-101 through 1-15-108 and theprovisions of this article, at any time after the filing of the complaint in acivil action for the recovery of money, the plaintiff may have the property ofthe defendant not exempt from execution attached as security for thesatisfaction of any judgment that may be recovered.

 

(b) Before a writ of attachment is issued, the plaintiff shallfile with the court in which the action is pending an affidavit stating:

 

(i) That the defendant is indebted to the plaintiff, specifyingthe amount of the indebtedness over and above all legal setoffs and the natureof the indebtedness;

 

(ii) That the attachment is not sought to hinder, delay ordefraud any creditor of the defendant;

 

(iii) That the payment of the indebtedness has not been securedby any mortgage or lien upon real or personal property in this state, or, iforiginally so secured, that the security has, without any act of the plaintiffor the person to whom the security was given, become impaired; and

 

(iv) Any one (1) or more of the following grounds forattachment:

 

(A) That the defendant is not a resident of this state;

 

(B) That the defendant is a foreign corporation, not qualifiedto do business in this state;

 

(C) That the defendant stands in defiance of an officer, orconceals himself so that process cannot be served upon him;

 

(D) That the defendant has assigned, removed, disposed of orconcealed, or is about to assign, remove, dispose of or conceal, any of hisproperty with intent to defraud his creditors;

 

(E) That the defendant has departed or is about to depart fromthe state to the injury of his creditors;

 

(F) That the defendant fraudulently or criminally contractedthe debt or incurred the obligation respecting which the action is brought.

 

1-15-202. Issuance of writ; contents.

 

(a) If authorized by a written order of the court pursuant toW.S. 1-15-103(a)(i), the clerk shall issue the writ of attachment upon thefiling by the plaintiff of the bond required by W.S. 1-15-104.

 

(b) The plaintiff may have other writs of attachment issued asoften as he may require at any time before judgment, based upon the originalaffidavit and bond, if the amount of the bond is sufficient.

 

(c) In actions pending in district court or circuit courtseveral writs may be issued at the same time to the sheriff of any county.

 

(d) The writ shall be issued in the name of the state ofWyoming and shall be directed to the sheriff of any county in which property ofthe defendant is located and shall require him to attach and safely keep allthe property of the defendant within his jurisdiction not exempt fromexecution, or so much thereof as may be sufficient to satisfy the plaintiff'sdemand, the amount of which shall be stated in conformity with the complaint.

 

1-15-203. Manner of executing writ.

 

(a) If the undertaking provided for in W.S. 1-15-105(a) is notgiven by the defendant at or before the time the writ is executed, the sheriffto whom the writ is directed shall execute the writ without delay in thefollowing manner:

 

(i) Real property owned in the name of the defendant shall beattached by filing with the county clerk a copy of the writ, together with adescription of the property attached, and a notice that it is attached, and byleaving a copy of the writ, description and notice with an occupant of theproperty, or if there is no occupant, by posting the copy of the writ,description and notice in a conspicuous place on the property attached;

 

(ii) Growing crops, which until severed shall be deemed personalproperty not capable of manual delivery, growing upon real property owned inthe name of the defendant shall be attached by filing with the county clerk acopy of the writ, together with a description of the growing crops to beattached, and of the real property upon which the crops are growing, and anotice that the growing crops are attached in pursuance of the writ, and byleaving a copy of the writ, description and notice with an occupant of the realproperty, or if there is no occupant, by posting the copy of the writ,description and notice in a conspicuous place on the real property;

 

(iii) Real property or an interest therein belonging to thedefendant and held in the name of any other person, shall be attached by filingwith the county clerk a copy of the writ, together with a description of theproperty and a notice that the real property and any interest of the defendanttherein held in the name of the other person, naming him, are attached, and byleaving with the occupant, if any, and with the named person or his agent, ifknown and within the county, or at the residence of either, if within thecounty, a copy of the writ, with a similar description and notice. If there isno occupant of the property, a copy of the writ, together with the descriptionand notice, shall be posted in a conspicuous place upon the property. Whenfiled, the county clerk shall index the attachment in the names of thedefendant and of the person in whose name the real property is held;

 

(iv) Growing crops, which until severed, shall be deemedpersonal property not capable of manual delivery, or any interest therein belongingto the defendant, and growing upon real property held in the name of any otherperson, shall be attached in the same manner as crops growing upon realproperty held in the name of the defendant are attached under paragraph (ii) ofthis subsection. The notice of attachment shall state that the crops thereindescribed or any interest of the defendant therein, held by, or standing uponthe records of the county in the name of such other person, naming him, areattached pursuant to the writ. In addition, a copy of the writ, descriptionand notice shall be delivered to such other person, or his agent, if known andwithin the county, or left at the residence of either, if known and within thecounty. When filed, the county clerk shall index the attachment in the names ofthe defendant and of the person in whose name the real property is held;

 

(v) Personal property capable of manual delivery shall beattached by taking it into custody;

 

(vi) Stocks or shares, or interest in stocks or shares, of anycorporation or company shall be attached as provided by W.S. 1-19-101 through1-19-108;

 

(vii) Personal property not capable of manual delivery shall beattached by leaving a copy of the writ with the person having the property inhis possession if he can be found, and by placing a conspicuous notice of levyon the property;

 

(viii) Personal property, other than earnings from personalservices as defined by W.S. 1-15-102(a)(vi), in the possession of anotherperson shall be attached by service of a writ of garnishment as provided byW.S. 1-15-401 through 1-15-425;

 

(ix) If there are several attachments against the same defendantin different actions, they shall be executed in the order in which they arereceived by the sheriff.

 

1-15-204. Third party claims; indemnity to sheriff; application forrelease.

 

(a) If the sheriff executing the writ has actual notice of anythird party claim to the personal property to be levied on or is in doubt as toownership of the property, or of encumbrances thereon, or damage to theproperty held that may result by reason of its perishable character, he mayrequire the plaintiff to file with the sheriff a surety bond, indemnifying thesheriff against any loss or damage by reason of the illegality of any holdingor sale on execution, or by reason of damage to any personal property heldunder attachment. Unless a lesser amount is acceptable to the sheriff, thebond shall be in double the amount of the estimated value of the property to beseized.

 

(b) Any person not a party to the action, who claims ownershipor right to possession of property attached, may, at any time, either before orafter judgment, be made a party on his application for the purpose of removingor discharging the attachment. The court may grant summary relief as is just,and may in proper cases try appropriate issues by jury.

 

1-15-205. Return of sheriff; inventory of property.

 

Thesheriff shall return the writ of attachment to the court within twenty (20)days after its receipt, together with a certificate of his actions endorsedthereon or attached thereto. The certificate shall contain a full inventory ofthe property attached.

 

1-15-206. Examination of defendant.

 

Thedefendant may be required to appear before the court or a master appointed by thecourt, to be examined on oath respecting his property. After any examinationconducted pursuant to this section, the court or master may order personalproperty capable of manual delivery to be delivered to the officer, on anyterms as are just, having reference to any liens on or claims against thepersonal property, and may require a memorandum of the amount and descriptionof all other personal property. The court shall make provision for witnessfees and mileage as is just.

 

1-15-207. Sale of attached property before judgment.

 

(a) If any of the property attached is perishable, the sheriffshall sell it in the manner in which property is sold on execution. Thesheriff shall retain the proceeds and other property attached by him to answerany judgment that may be recovered in the action, unless released ordischarged, or subjected to execution upon another judgment recovered previousto issuing the attachment.

 

(b) When property has been taken by an officer under a writ ofattachment and the court is satisfied that the interest of the parties to theaction will be served by a sale, the court may order the property sold in thesame manner as property sold under an execution, and the proceeds deposited inthe court to be disbursed pursuant to the judgment in the action. The ordershall be made only upon notice to the adverse party if the party has beenpersonally served or has entered an appearance in the action.

 

1-15-208. Satisfaction of judgment; deficiency; redelivery ofproperty.

 

(a) If judgment is recovered by the plaintiff, the sheriffshall satisfy it out of the attached property which has not been delivered tothe defendant or to a claimant pursuant to W.S. 1-15-105, or subjected to aprior lien, by paying to the plaintiff the proceeds of all sales of perishableproperty sold by the sheriff, or of any debts or credits collected by thesheriff or as much as is necessary to satisfy the judgment. If any balanceremains due and an execution has issued on the judgment, the sheriff shall sellunder the execution so much of the property, real or personal, as may benecessary to satisfy the balance, if enough real or personal property for thatpurpose remains in his hands. Notice of the sales shall be given and the salesshall be conducted as in other cases of sales on execution.

 

(b) After selling all the property attached by the sheriffwhich remains in his hands, the sheriff shall deduct his fees and apply theproceeds and any debts or credits collected by him, to the payment of thejudgment. If any balance remains due on the judgment, the sheriff shall proceedto collect it as upon an execution in other cases. When the judgment is paidin full, the sheriff upon reasonable demand, shall deliver to the defendant theattached property remaining in his hands and any proceeds of the propertyattached not applied to the judgment.

 

1-15-209. Proceedings where defendant prevails.

 

Ifthe plaintiff does not recover judgment against the defendant, any undertakingreceived in the action, all the proceeds of sales and money collected by thesheriff and all the property attached remaining in his hands shall be deliveredto the defendant, and the attachment shall be discharged and the propertyreleased therefrom.

 

1-15-210. Release of attachment upon real property.

 

Ifthe plaintiff does not recover judgment or an order is made discharging orreleasing an attachment upon real property, a certified copy of the judgment ororder shall be filed and indexed in the office of the county clerk in whichthe notice of attachment has been filed.

 

1-15-211. Attachment before maturity of claim.

 

Aparty may commence an action upon an obligation before it is due and have anattachment against the property of the debtor upon any one (1) or more of thegrounds set forth in W.S. 1-15-201(b)(iv)(D) through (F). The propertyattached, or its proceeds, shall be held subject to the judgment to berendered, but no judgment shall be rendered on the claim until the obligationbecomes due.

 

1-15-212. Property bound from time of service.

 

Anorder of attachment binds the property attached from the time the writ isexecuted.

 

ARTICLE 3 - REPLEVIN

 

1-15-301. Possession of personal property pending action.

 

Subjectto W.S. 1-15-101 through 1-15-108, after filing the complaint and at any timebefore judgment, the plaintiff in an action to recover the possession ofpersonal property may claim the delivery of the property to him as provided inthis article.

 

1-15-302. Affidavit.

 

(a) When delivery is claimed, the plaintiff shall file with thecourt an affidavit stating:

 

(i) A description of the property claimed;

 

(ii) The plaintiff is the owner of the property or has a specialownership or interest in it, stating the facts in relation to it, and that heis entitled to the possession of it;

 

(iii) The property is wrongfully detained by the adverse party;

 

(iv) The alleged cause of the detention of the propertyaccording to the best knowledge, information and belief of the affiant;

 

(v) The property has not been taken for a tax, assessment orfine pursuant to a statute, or seized under an execution or an attachmentagainst the property of the plaintiff, or if so seized, that it is by statuteexempt from seizure; and

 

(vi) The actual value of the property.

 

1-15-303. Issuance of writ; undertaking; service.

 

(a) If authorized by a written order of the court pursuant toW.S. 1-15-103(a)(i), and upon the filing by plaintiff of the bond required byW.S. 1-15-104, the clerk shall issue the writ of replevin.

 

(b) The writ shall be issued in the name of the state ofWyoming and shall require the sheriff to take the property described in theaffidavit and retain it in his custody until delivered as provided in thisarticle. The sheriff shall execute the writ and without delay serve on thedefendant a copy of the affidavit, undertaking and writ. If personal servicecannot be made upon the defendant service shall be made by depositing a copy ofthe papers in the United States mail, postage prepaid, addressed to thedefendant at his last known address.

 

1-15-304. Delivery of property.

 

Subjectto the provisions of W.S. 1-15-103(a)(viii) and 1-15-306, property seized undera writ of replevin shall be delivered by the sheriff to the plaintiff unlessreturned to the defendant pursuant to W.S. 1-15-104(c) or 1-15-105.

 

1-15-305. Return of sheriff.

 

Thesheriff shall return the writ to the court within twenty (20) days after itsreceipt, together with a certificate of his actions endorsed thereon orattached thereto.

 

1-15-306. Claim to property by third party.

 

Ifproperty taken under a writ of replevin is claimed by any person other than thedefendant, and the claimant serves on the sheriff an affidavit stating thegrounds of the claimant's title or right to possession, the sheriff is notbound to keep the property or deliver it to the plaintiff, unless the plaintifffiles with the sheriff a surety bond, indemnifying the sheriff against any lossor damage by reason of the illegality of any holding or delivery or by reasonof damage to any personal property held under the writ of replevin. Unless alesser amount is acceptable to the sheriff, the bond shall be in double theamount of the estimated value of the property seized.

 

ARTICLE 4 - GARNISHMENT

 

1-15-401. Availability of writ of garnishment.

 

(a) Subject to W.S. 1-15-101 through 1-15-108, a plaintiff orjudgment creditor may obtain a writ of garnishment as provided in this article.

 

(b) A prejudgment writ of garnishment is available as a meansof attachment of tangible or intangible property, other than earnings frompersonal services of the defendant, at any time after the filing of a complaintand before judgment, in cases in which a writ of attachment is available underW.S. 1-15-201.

 

(c) A post judgment writ of garnishment is available to satisfya money judgment.

 

1-15-402. Property subject to garnishment.

 

Anywrit of garnishment may be used to levy upon or affect the accrued credits,chattels, goods, effects, debts, choses in action, money and other personalproperty and rights to property of the defendant in the possession of a thirdperson, or under the control or constituting a performance obligation of anythird person, whether due or yet to become due at the time of service of thewrit of garnishment, which are not exempt from garnishment or execution underany applicable provisions of state or federal law.

 

1-15-403. Affidavit for writ of prejudgment garnishment.

 

(a) Before a writ of prejudgment garnishment is issued, theplaintiff shall file with the court in which the action is pending an affidavitstating:

 

(i) The facts showing that plaintiff's claim is one upon whichattachment is authorized by W.S. 1-15-201;

 

(ii) The grounds and cause for the garnishment;

 

(iii) That the plaintiff has good reason to believe that thedefendant has nonexempt credits, chattels, goods, effects, debts, choses inaction or other personal property or rights to obligations of performance inthe possession or in the control or otherwise owing from one (1) or more specifiedthird persons that plaintiff seeks to charge as garnishees or that such thirdpersons are indebted to the defendant; and

 

(iv) That the property, rights or debts are not earnings for thepersonal services of the defendant, or otherwise exempt from garnishment.

 

1-15-404. Issuance of writ of prejudgment garnishment.

 

Ifauthorized by a written order of the court pursuant to W.S. 1-15-103(a)(i), theclerk shall issue one (1) or more writs of prejudgment garnishment upon thefiling by the plaintiff of the bond required by W.S. 1-15-104.

 

1-15-405. Issuance of writ of post judgment garnishment; multiplewrits.

 

(a) After the entry of a judgment requiring the payment ofmoney, the clerk of the court from which execution could issue shall, uponapplication of the plaintiff, issue one (1) or more writs of post judgmentgarnishment. The writ may be issued without the necessity for a bond.

 

(b) Several writs may be issued at the same time and the namesof as many persons as are sought to be charged as garnishees may be inserted inthe same writ or different writs.

 

1-15-406. Content of writ of prejudgment or post judgment garnishment;to whom directed.

 

Awrit of prejudgment or post judgment garnishment shall be issued in the name ofthe state of Wyoming and shall be directed to the person or persons designatedin the plaintiff's affidavit as garnishee. The writ shall advise each personthat until further order of the court or until the garnishee has complied withthe requirements of W.S. 1-15-407(c), he is attached as garnishee in theaction, command him not to pay any debt due or to become due to the defendantwhich is not exempt from execution and to retain possession and control of allcredits, chattels, goods, effects, debts, choses in action, money and personalproperty and rights to property of the defendant not exempt from execution.

 

1-15-407. Answer of garnishee; release of garnishee.

 

(a) A writ of prejudgment or post judgment garnishment shallrequire the garnishee to file with the court a verified answer within ten (10)days, excluding Saturdays, Sundays and legal holidays, from the date of serviceof the writ. The answer of the garnishee shall state:

 

(i) Whether the garnishee is indebted to the defendant, eitherin property or in money, whether the same is now due and, if not, when it is tobecome due;

 

(ii) Whether the garnishee has in his possession, custody orcontrol any credits, chattels, goods, effects, debts, choses in action, moneyor other personal property belonging to the defendant, or in which thedefendant has an interest, and if so, the description and value of the same;

 

(iii) Whether the garnishee knows of any debts owing to thedefendant or of any credits, chattels, goods, effects, debts, choses in action,money or other personal property belonging to the defendant or in whichdefendant has an interest, whether in the possession or under the control ofthe garnishee or another, and if so, the particulars thereof;

 

(iv) If the defendant is an employee of the garnishee, thedefendant's job title, position or occupation, the defendant's rate and methodof compensation, his pay period and the computation of the amount of thedefendant's accrued disposable earnings attached by the writ;

 

(v) Whether the garnishee, pursuant to W.S. 1-15-417, isretaining or deducting any amount in satisfaction of a claim the garnishee hasagainst the plaintiff or the defendant, a designation as to whom the claimrelates and the amount retained or deducted.

 

(b) The garnishee shall mail a copy of his answer to theplaintiff and defendant if, at the time he is served with the writ, thegarnishee is furnished with stamped envelopes addressed to the parties.

 

(c) The garnishee shall be released from the writ ofgarnishment not later than thirty (30) days after service of the writ on thegarnishee, unless sooner released by order of the court, provided, that thegarnishee has first filed with the court the verified answer required bysubsection (a) of this section and delivered to the court all of thedefendant's credits, chattels, goods, effects, debts, choses in action, money,personal property and rights to property not exempt from execution, in thepossession of the garnishee or coming into his possession within thirty (30)days after service of the writ.

 

1-15-408. Garnishment of earnings for personal services.

 

(a) A writ of post judgment garnishment attaching earnings forpersonal services shall attach that portion of the defendant's accrued andunpaid disposable earnings, specified in subsection (b) of this section. Thewrit shall direct the garnishee to withhold from the defendant's accrueddisposable earnings the amount attached pursuant to the writ and to pay theexempted amount to the defendant at the time his earnings are normally paid. Earnings for personal services shall be deemed to accrue on the last day of theperiod in which they were earned or to which they relate. If the writ isserved before or on the date the defendant's earnings accrue and before thesame have been paid to the defendant, the writ shall be deemed to have beenserved at the time the periodic earnings accrue. If more than one (1) writ isserved, the writ first served shall have priority. Notwithstanding any otherprovision of this subsection, an income withholding order for child supportobtained pursuant to W.S. 20-6-201 through 20-6-222 shall have priority overany other garnishment.

 

(b) The maximum portion of the aggregate disposable earnings ofan individual which are subject to garnishment is the lesser of:

 

(i) Twenty-five percent (25%) of defendant's disposableearnings for that week; or

 

(ii) The amount by which defendant's aggregate disposableearnings computed for that week exceeds thirty (30) times the federal minimumhourly wage prescribed by the Fair Labor Standards Act of 1938, 29 U.S.C.206(a)(1), in effect at the time the earnings are payable, or, in case ofearnings for any pay period other than a week, any equivalent multiple thereofprescribed by the administrator of the Wyoming Uniform Consumer Credit Code inthe manner provided by W.S. 40-14-505(b)(iii).

 

(c) Unless a garnishee is specifically informed by affidavit ofthe plaintiff that the defendant has other periodic earnings from sources otherthan from the garnishee and the amount thereof, the garnishee shall treat thedefendant's earnings becoming due from the garnishee as the defendant's entireaggregate earnings for the purpose of computing the sum attached by thegarnishment.

 

1-15-409. Service of writ; return; copy to defendant.

 

(a) A writ of prejudgment or post judgment garnishment shall beserved on the garnishee in the same manner as a summons.

 

(b) Not later than five (5) days after service is made upon thegarnishee the sheriff or other person who served the writ shall mail a copy ofthe writ to the defendant. The writ shall be sent by first class United Statesmail with the postage prepaid. The envelope shall be furnished and properlyaddressed by the plaintiff.

 

1-15-410. Release or discharge of garnishment.

 

Atany time, either before or after the service of any writ of garnishment, thedefendant may obtain a release or discharge as provided by W.S. 1-15-105. Inthe case of a writ of post judgment garnishment, the condition of the bondrequired by W.S. 1-15-105(a)(ii) shall be to the effect that if the plaintiffis entitled to execute the writ upon the property seized, the defendant willpay an amount equal to the value of the property, together with interest andall costs assessed against him, not exceeding the sum specified in the bond.

 

1-15-411. Delivery of property.

 

(a) Repealed by Laws 1988, ch. 42, 2.

 

(b) The garnishee may deliver to the officer serving the writthe property belonging to and the money due to the defendant as shown by theanswer of the garnishee. The officer shall return the property, money and thewrit to the court. The property shall then be dealt with as ordered by thecourt. After the property is delivered, the garnishee shall be relieved fromfurther liability in the proceedings, unless his answer is successfullycontroverted as provided in this article.

 

1-15-412. Reply to answer of garnishee; trial of issues; judgment.

 

Ifthe garnishee answers, the plaintiff or defendant may, within ten (10) daysafter the answer of the garnishee is filed with the court, file and serve uponthe garnishee and the other party to the action a reply to the garnishee'sanswer. Either party may also allege any matters which would charge thegarnishee with liability. New matter in a reply is deemed denied. Matters inissue shall be tried to the court and judgment entered as in other civilactions. Costs shall be awarded to the prevailing party unless the courtotherwise directs.

 

1-15-413. Judgment on answer of garnishee.

 

(a) The parties to the principal action who fail to reply tothe answer of the garnishee shall be deemed to have accepted it as correct. Ifboth parties to the principal action have accepted the answer, an appropriatejudgment shall be entered. If the answer shows that the garnishment hasattached personal property of any kind in the possession or under the controlof the garnishee which belongs to and is due the defendant, the court shallenter judgment that the garnishee deliver the personal property to thesheriff. If the plaintiff has already recovered, or subsequently recoversjudgment against the defendant in the action, the personal property or as muchas may be necessary shall be sold upon execution and the proceeds appliedtoward the satisfaction of the judgment, together with the costs of the actionand proceedings. Any surplus of the personal property or the proceeds thereofshall be returned to the defendant.

 

(b) If the answer shows that the garnishee is indebted to thedefendant, and if the plaintiff has recovered, or subsequently recoversjudgment against the defendant in the action, the court shall also enterjudgment in favor of the defendant for the use of the plaintiff against thegarnishee. The judgment shall be the amount attached as shown in the answer butshall not be for a greater sum than is necessary to satisfy the judgmentagainst the defendant, together with costs. In no event shall the garnishee bechargeable with costs except under the provisions of W.S. 1-15-412 and1-15-414.

 

1-15-414. Proceedings on failure of garnishee to answer.

 

Ifthe garnishee has been duly served with a writ of prejudgment or post judgmentgarnishment and fails to answer as required by W.S. 1-15-407, the plaintiff mayenter the default of the garnishee and proceed to prove the liability of thegarnishee. The garnishee may be ordered to appear before the court or a masterappointed by the court and be examined in the same manner as persons areexamined under the discovery provisions of the Wyoming Rules of Civil Procedure. The court may make provision for witness fees and mileage as is just, providedthat if any garnishee has willfully failed to file any required answer, he maybe required to pay the costs of any proceeding taken for the purpose ofobtaining the information required to be furnished in the answer. Judgmentshall be entered upon the evidence to the same effect as if the garnishee hadanswered. Costs shall be awarded to the prevailing party unless the courtotherwise directs.

 

1-15-415. Judgment discharges garnishee for amount paid.

 

Agarnishee shall be discharged from all claims of all parties in the garnisheeaction for all goods, effects and credits paid, delivered or accounted for bythe garnishee as a result of any judgment against the garnishee.

 

1-15-416. Intervention or interpleader of third persons.

 

(a) If it appears that any person not a party to the action hasor claims an interest in any of the garnished property antedating thegarnishment, the court may permit that person to appear and maintain hisrights.

 

(b) If the answer of the garnishee discloses that any personother than the defendant claims the indebtedness or property in his hands, thecourt may on motion order that the claimant be interpleaded as a defendant tothe garnishee action. Notice in such form as the court shall direct, togetherwith a copy of the order, shall be served upon the third-party claimant in themanner required for the service of a summons. The garnishee may pay or deliverto the court the indebtedness or property, which shall be a complete dischargefrom all liability to any party for the amount paid or property delivered. Thethird-party claimant shall be deemed a defendant to the garnishee action andshall answer within ten (10) days, setting forth his claim or defense. In caseof default, judgment may be rendered as in other cases of default which shallconclude any claim upon the part of the third-party claimant.

 

(c) Any person who intervenes or is interpleaded as a defendantunder this section is bound by the judgment in the garnishee action.

 

1-15-417. Claims of garnishee against plaintiff or defendant.

 

Agarnishee may retain or deduct out of the property, effects or credits of thedefendant in his hands all demands whether or not due against the plaintiff andagainst the defendant of which he could have availed himself if he had not beenserved as garnishee. The garnishee is liable for the balance only after allmutual demands between himself and the plaintiff and defendant are settled, notincluding unliquidated damages for wrongs and injuries. The verdict orfindings, if any, and the judgment shall show against which party any claim isallowed, and the amount thereof.

 

1-15-418. Liability of garnishee on negotiable instruments.

 

Noperson shall be liable as garnishee for having drawn, accepted, made orendorsed any negotiable instrument in the hands of the defendant at the time ofservice of the writ of prejudgment or post judgment garnishment when thenegotiable instrument is not due.

 

1-15-419. When garnishee is mortgagee or pledgee.

 

Whenany personal property, choses in action or effects of the defendant in thehands of the garnishee are mortgaged or pledged, or in any way liable for thepayment of a debt to the garnishee, the plaintiff may obtain an order from thecourt authorizing the plaintiff to pay the amount due the garnishee, andrequiring the garnishee to deliver the personal property, choses in action andeffects, to the officer serving the writ of prejudgment or post judgment garnishmentupon payment to the garnishee of the amount due him by the plaintiff.

 

1-15-420. Where property held to secure performance of otherobligation.

 

(a) The court may order the plaintiff to redeem personalproperty, choses in action or effects levied upon under a writ of prejudgmentor post judgment garnishment by performing the obligation or tenderingperformance if:

 

(i) The personal property, choses in action or effects secureany obligation other than the payment of money; and

 

(ii) The obligation secured can be performed by the plaintiffwithout damage to the interested persons.

 

(b) Upon performance under subsection (a) of this section orany tender thereof which is refused, the garnishee shall deliver the personalproperty and effects to the officer serving the writ.

 

1-15-421. Disposition of property.

 

(a) All personal property, choses in action and effectsreceived by the sheriff under W.S. 1-15-419 or 1-15-420, shall be disposed ofin the same manner as if the property, choses in action and effects had beendelivered by the garnishee under the provisions of W.S. 1-15-411, provided thatthe plaintiff shall, out of the proceeds thereof:

 

(i) Be first repaid the amount paid by him to the garnishee forthe redemption of the property, choses in action or effects; or

 

(ii) Be indemnified for any other act or thing done by him orperformed pursuant to the order of the court for the redemption of theproperty, choses in action or effects.

 

1-15-422. Effect of discharge of garnishee.

 

Exceptas provided by W.S. 1-15-415, a judgment discharging a garnishee shall be nobar to an action brought against the garnishee by the defendant for or onaccount of the same demand.

 

1-15-423. Execution on judgment against garnishee for debt not due.

 

Whena judgment is rendered against a garnishee with respect to a debt from thegarnishee to the defendant and the debt is not yet due, execution shall notissue until the debt has become due.

 

1-15-424. Failure to proceed against nonexempt garnished earnings.

 

Ifa judgment creditor fails, within sixty (60) days from the filing of the answerof the garnishee, to secure a garnishee judgment and execute on garnishednonexempt earnings held by a garnishee pursuant to a writ of post judgmentgarnishment, the writ of garnishment which commanded the garnishee to hold thenonexempt portion of the defendant's earnings shall be released and dischargedwithout further order of the court. In that event the garnishee shall pay tothe judgment debtor that portion of his earnings which had been held pursuantto the writ of garnishment.

 

1-15-425. Garnishee bound.

 

Agarnishee served with a writ of prejudgment or post judgment garnishment shallhold for the benefit of the plaintiff all property of the defendant in his possession,and money and credits due from him to the defendant, from the time he is servedwith the writ until the writ is discharged.

 

ARTICLE 5 - CONTINUING GARNISHMENT

 

1-15-501. Definitions.

 

(a) As used in this article:

 

(i) "Continuing garnishment" means any procedure forwithholding the earnings of a judgment debtor for successive pay periods forpayment of a judgment debt;

 

(ii) "Court" means any district court or circuit courtof this state;

 

(iii) "Disposable earnings" means that part of anindividual's earnings remaining after the deduction of all amounts required bylaw to be withheld;

 

(iv) "Earnings" means compensation paid or payable forpersonal services, including but not limited to wages, salary, commission,bonus, proceeds of any pension or retirement benefits or deferred compensationplan. "Earnings" does not include compensation paid as per diem;

 

(v) "Garnishee" means a person other than a judgmentcreditor or judgment debtor who is in possession of earnings of the judgment debtorand who is subject to garnishment in accordance with the provisions of thisarticle;

 

(vi) "Garnishment" means any procedure through whichthe property or earnings of an individual in the possession or control of agarnishee are required to be withheld for payment of a judgment debt;

 

(vii) "Judgment creditor" means any person who hasrecovered a money judgment against a judgment debtor in a court of competentjurisdiction;

 

(viii) "Judgment debtor" means any person who has ajudgment entered against him in a court of competent jurisdiction.

 

1-15-502. Continuing garnishment; creation of lien.

 

(a) In addition to garnishment proceedings otherwise availableunder the laws of this state, in any case in which a money judgment is obtainedin a court of competent jurisdiction the judgment creditor or his assigneesshall be entitled, in accordance with this article, to have the clerk of thecourt issue a writ for continuing garnishment against any garnishee who is anemployer of the judgment debtor. Issuance of a writ of execution is not aprerequisite to issuance of a writ of continuing garnishment. To the extentthat the earnings are not exempt from garnishment, the garnishment shall be alien and continuing levy upon the earnings due or to become due to the judgmentdebtor at the time the writ of continuing garnishment is served on thegarnishee.

 

(b) Subject to the provisions of W.S. 1-15-504, garnishmentpursuant to subsection (a) of this section shall be a lien and continuing levyagainst said earnings due until such time as the employment relationship isterminated, the underlying judgment is vacated, modified or satisfied in full,the writ is dismissed, or ninety (90) days have expired since service of thewrit, whichever is sooner. A continuing garnishment may be suspended for aspecified period of time by the judgment creditor upon agreement with thejudgment debtor. The agreement shall be in writing and filed by the judgmentcreditor with the clerk of the court in which the judgment was entered and acopy of the agreement shall be delivered by the judgment creditor to thegarnishee.

 

(c) Continuing garnishment pursuant to this article shall applyonly to proceedings against the earnings of a judgment debtor who is a naturalperson.

 

1-15-503. Earnings subject to continuing garnishment.

 

(a) Subject to the provisions of W.S. 1-15-504, any earningsowed by the garnishee to the judgment debtor at the time of service of the writof continuing garnishment upon the garnishee and all earnings accruing from thegarnishee to the judgment debtor from the date of service up to and includingthe ninetieth day thereafter is subject to the process of continuinggarnishment.

 

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