State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter17

CHAPTER 17 - ENFORCEMENT OF JUDGMENTS

 

ARTICLE 1 - EXECUTIONS DEFINED AND CLASSIFIED; HEARING

 

1-17-101. Execution defined; issuance; kinds.

 

(a) An execution is a process of the court issued by the clerkand directed to the sheriff of the county. Executions may be issued to thesheriffs of different counties at the same time.

 

(b) Executions are of two (2) kinds:

 

(i) Against the property of the judgment debtor, includingorders of sale; and

 

(ii) For the delivery of the possession of real property inwhich case the writ shall contain a specific description of the property and acommand to the officer to whom the writ is delivered to deliver the property tothe person entitled to it. The writ may also require the officer to recoverdamages for withholding possession and costs, or costs alone, out of theproperty of the person who withholds possession.

 

1-17-102. Request for hearing when property seized under execution.

 

(a) Except as provided in subsection (e) of this section, aperson, other than a corporate entity, against whom a money judgment has beenentered and whose property is seized under execution is entitled to a hearingwithin five (5) days, excluding Saturdays, Sundays and legal holidays, afterthe court receives the person's written request for a hearing to determine ifthe property seized is exempt from execution. The person whose property isseized shall file a written request for a hearing with the clerk of courtwithin ten (10) days after seizure of his property.

 

(b) Except where the judgment is solely against corporateentities, the court shall attach to every money judgment a notice containingthe following information:

 

"Youare informed that since the judgment is entered the prevailing party mayproceed to seize your property, funds or wages by execution or garnishment. Inthat event you may be entitled to the following exemptions:

 

(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) A portion of wages as provided in W.S. 1-15-408, or in thecase of consumer credit sales, leases or loans, as provided by W.S. 40-14-505;

 

(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.

 

To assert your right to any of theforegoing exemptions you shall file a written request with the clerk of courtwithin ten (10) days after seizure of your property, funds or wages. If youfail to make a written request for a hearing and claim one (1) or more of theforegoing exemptions within ten (10) days after seizure of your property, fundsor wages, you may waive or lose your right to claim the exemptions."

 

(c) The notice provided in this section shall be sent to thelast known address of the judgment debtor by the clerk of court upon therequest of any person before any property of the judgment debtor is seized byexecution or garnishment.

 

(d) A copy of the money judgment together with the exemptioninformation shall be transmitted by the court by first class United Statesmail, with the postage prepaid in envelopes furnished and properly addressed bythe prevailing party.

 

(e) Notwithstanding any other provision of this section, ajudgment debtor who is served with a writ of continuing garnishment under W.S.1-15-506 shall file objections to the continuing garnishment and receive ahearing on his objections as provided by W.S. 1-15-507 and 1-15-508.

 

ARTICLE 2 - STAY OF EXECUTION

 

1-17-201. Right to stay; procedure.

 

(a) When judgment has been rendered in any district courtagainst any person for the recovery of money or sale of property he may have astay of execution as provided by the Wyoming Rules of Civil Procedure, exceptthat a supersedeas bond to be furnished in order to stay the execution of anyjudgment under this section or under W.S. 1-17-210 during the entire course ofappellate review shall not, regardless of amount of the judgment, exceed twomillion dollars ($2,000,000.00) in any action in which all appellants areeither individuals or have fifty (50) or fewer employees, or twenty-fivemillion dollars ($25,000,000.00) in any other action; provided, however:

 

(i) That if an appellee proves by a preponderance of theevidence that an appellant is dissipating assets which may affect the ultimatepayment of all or any portion of the judgment, the district court, upon motionand hearing, may require the appellant to post a bond in an amount up to theamount of the judgment; or

 

(ii) That an appellee of a judgment to pay taxes or liens to thestate of Wyoming shall post a bond in an amount not less than the full amountof the judgment plus interest and costs of the appeal, unless otherwiseordered, as provided in Rule 4.02(b) of the Wyoming Rules of AppellateProcedure.

 

1-17-202. Notice to sheriff; relinquishment of property.

 

(a) When the bond is entered after execution is issued, theclerk shall immediately notify the sheriff and he shall forthwith return theexecution, noting his actions thereon.

 

(b) All property levied on before the stay of execution and allwritten undertakings for the delivery of personal property to the sheriff shallbe relinquished by the officer upon bond for the stay of execution beingentered.

 

1-17-203. Effect of recognizance.

 

Everyrecognizance of surety taken as provided shall have the effect of a judgmentconfessed from the date taken against the person and property of the surety.

 

1-17-204. Execution at expiration of stay.

 

Atthe expiration of the stay the clerk shall issue a joint execution against theproperty of all the judgment debtors and sureties, but the sheriff shall firstlevy upon the property of the judgment defendant if sufficient property can befound. If not found, he shall without delay levy the execution upon theproperty of the original judgment debtor subject to the execution which can befound in the county.

 

1-17-205. No stay on "not repleviable" judgments.

 

Astay of execution shall not be allowed upon any judgment recovered against anyperson or surety for money received in a fiduciary capacity or for a breach ofany official duty. The clerk shall issue executions upon the judgmentsimmediately, returnable in ninety (90) days, endorsed "Notrepleviable" and the judgment shall so order.

 

1-17-206. No stay where sureties object; exception.

 

Whena court renders judgment against two (2) or more persons, any of whom aresureties for another in the contract on which the judgment is founded, thereshall be no stay of execution on the judgment if the sureties object at thetime of rendering the judgment unless the surety for the stay of execution willundertake specially to pay the judgment in case the amount cannot be levied ofthe principal defendant.

 

1-17-207. Execution upon affidavit of surety; generally.

 

Anysurety for the stay of execution may file with the clerk an affidavit statingthat he believes he will be liable for the judgment with interest and coststhereon unless execution issues immediately, and the clerk shall issueexecution immediately unless other sufficient surety is entered before theclerk or sheriff as in other cases.

 

1-17-208. Execution upon affidavit of surety; effect of new surety.

 

Ifother sufficient surety is entered, it shall have the force of the originalsurety entered before the filing of the affidavit and shall discharge theoriginal surety.

 

1-17-209. Time of stay excluded for execution.

 

Thetime during which any judgment is stayed shall not be included in the periodduring which the judgment creditor shall cause execution to be issued andlevied in order to preserve his lien on the property of the debtor as againstother judgment creditors.

 

1-17-210. Stay on appeal.

 

Executionof a judgment or final order, other than those enumerated in W.S. 1-17-201, ofany judicial tribunal, or the levy or collection of any tax or assessmenttherein litigated, may be stayed on such terms as may be prescribed by thecourt in which the appeal is filed.

 

ARTICLE 3 - LIEN OF JUDGMENT AND ENFORCEMENT BY EXECUTION

 

1-17-301. Property subject to execution.

 

Exceptfor property exempt by law, all property of the judgment debtor, both real andpersonal or any legal or equitable interest therein including any interest ofthe judgment debtor in mortgaged property or property being sold under anexecutory land contract, is subject to execution.

 

1-17-302. When lien attaches to property; generally.

 

Thelands and tenements within the county in which judgment is entered are boundfor the satisfaction thereof from the day the judgment is filed with the countyclerk. Whenever a judgment is required to be filed with the county clerk, itshall be recorded in the real estate records. Goods and chattels of the debtorare bound from the time they are seized in execution.

 

1-17-303. When lien attaches to property; judgment of supreme court.

 

Ajudgment of the supreme court for money binds the lands and tenements of thedebtor within the county in which the suit originated from the day the judgmentis filed with the county clerk. Whenever a judgment is required to be filedwith the county clerk, it shall be recorded in the real estate records. Goodsand chattels of the debtor are bound from the time they are seized inexecution. The lien of a judgment of the district court which is appealed tothe supreme court shall not be divested or vacated, but shall continue untilthe final determination of the action in the supreme court.

 

1-17-304. Recording lien on real estate in other counties.

 

Thejudgment creditor in any judgment rendered by any district court in this state,or in any judgment rendered in a circuit court of this state and filed in thejudgment record of the district court, may file a transcript of the judgmentrecord of the district court with the clerk of the district court and thecounty clerk in any other counties within this state where the judgment debtorowns real estate. The judgment is a lien upon all real estate of the judgmentdebtor in any county in which the transcript is filed with the clerk ofdistrict court and the county clerk from the date of filing with the countyclerk. The clerk of the district court of any county in which the transcriptis filed shall enter the judgment upon the judgment records of the court in thesame manner as judgments are rendered in that court.

 

1-17-305. Lien of judgments of federal courts.

 

(a) Judgments and decrees entered in any United States districtcourt or circuit court held within this state are a lien against the lands andtenements of the person against whom the judgment or decree is rendered,situated within the county where the judgment or decree is entered, from theday the judgment is filed with the county clerk.

 

(b) The judgment creditor in any judgment or decree rendered inany United States district court within this state may file a transcript of thejudgment record in the office of the clerk of any Wyoming district court andthe county clerk in any counties in the state of Wyoming where the judgmentdebtor owns real estate.

 

(c) The clerk of the district court of any county in which thetranscript is filed shall enter the judgment upon the judgment records of thecourt in the same manner as judgments rendered in that court.

 

(d) The judgment or decree is a lien upon all the real estateof the judgment debtor in the county or counties where the transcript is filedwith the clerk of district court and the county clerk from the date of filingwith the county clerk.

 

1-17-306. Lien of judgments of circuit courts.

 

(a) The party in whose favor a judgment is rendered by acircuit court if the judgment is not appealed or stayed, may file with theclerk of the district court and the county clerk of the county in which thejudgment was rendered a transcript thereof, certifying therein the amount paidthereon, if any. The clerk of court shall enter the case on the executiondocket, together with the amount of the judgment and the time of filing thetranscript with the county clerk. If within ten (10) days after the judgmentwas rendered, the judgment debtor pays the same or gives bond for stay ofexecution, the justice shall immediately certify that fact to the clerk of thedistrict court and the county clerk. The district court clerk shall enter amemorandum thereof upon the docket. The cost of the transcript, the filing,recording and the entry on the docket shall be paid by the party who files andrecords the transcript and not be taxed to the other party.

 

(b) The judgment shall be a lien on the real estate of thejudgment debtor within the county from the day the transcript is filed with thecounty clerk provided the transcript has also been filed previously or thatsame day with the clerk of district court.

 

(c) Execution may be issued on the judgment at any time afterfiling the transcript as if the judgment had been rendered in the districtcourt.

 

1-17-307. When judgment becomes dormant.

 

Ifexecution on a judgment rendered in any court of record in this state or atranscript of which has been filed as provided in W.S. 1-17-306(a) is notissued within five (5) years from date of the judgment or if five (5) yearsintervene between the date the last execution issued on the judgment and thetime of issuing another execution thereon, the judgment is dormant and ceasesto operate as a lien on the estate of the judgment debtor.

 

1-17-308. Writs of execution; generally.

 

(a) The writ of execution against the property of the judgmentdebtor issuing from any court of record shall command the officer to whom it isdirected that he shall collect the money specified in the writ from the realand personal property of the debtor.

 

(b) An execution issued on a judgment rendered against apartnership by its firm name shall operate only on the partnership property.

 

(c) The amount of the debt, damages and costs for which thejudgment is entered shall be endorsed on the execution.

 

1-17-309. Writs of execution; preferences.

 

Theofficer shall endorse on every writ of execution the time when he received it. When two (2) or more writs of execution against the same debtor are deliveredto the officer on the same day, no preference shall be given to either of thewrits. If a sufficient sum of money is not made to satisfy all executions, theamount made shall be distributed to the several creditors in proportion to theamount of their respective demands. In all other cases the writ of executionfirst delivered to the officer shall be first satisfied. This section shall notaffect any preferable lien which a judgment on execution issued has on thelands of the judgment debtor.

 

1-17-310. Writs of execution; levy.

 

Theofficer to whom a writ of execution is delivered shall proceed immediately tolevy the writ upon the real and personal property of the debtor.

 

1-17-311. Bond for future delivery of property; failure to perform.

 

Whenan officer levies an execution upon any goods and chattels which afterwardsremain unsold for any reasonable cause, the officer may for his own security,take a bond from the defendant, with security he deems sufficient to the effectthat the property shall be delivered to the officer holding the execution forthe sale of same at the time and place appointed by the officer, either bynotice given in writing to the defendant in execution or by advertisementprinted in a newspaper published in the county, naming the day and place ofsale. If the defendant fails to deliver the goods and chattels at the time andplace mentioned in the notice or to pay to the officer holding the executionthe full value of the goods and chattels or the amount of the debt and costs,the bond shall be considered broken and may be proceeded on as in other cases.

 

1-17-312. Notice of execution sale.

 

Unlessa private sale is ordered as provided in W.S. 1-17-314, the officer who leviesexecution upon goods and chattels, shall cause public notice to be given of thetime and place of sale at least ten (10) days before the day of sale. Thenotice shall be given by advertisement in a newspaper published in the countyor, if no newspaper is published therein, then in a newspaper of generalcirculation in the county.

 

1-17-313. Alias execution.

 

Whengoods and chattels levied upon by execution cannot be sold for want of biddersor want of time, the officer who makes the return shall annex to the executiona true inventory of the goods and chattels remaining unsold. The plaintiff inexecution may have another execution issued, directing the sale of the propertylevied upon, but the goods and chattels shall not be sold unless the time andplace of sale is advertised as directed in W.S. 1-17-312.

 

1-17-314. Sale to be at public auction; when private sale authorized.

 

Thecourt from which an execution or order of sale issues, on application of eitherparty with due notice to the adverse party and for good cause, may order theofficer holding the process to sell the goods and chattels at private sale forcash, specifying the time during which the sale will continue but not extendingbeyond the return day of the process. Before a private sale is made, the courtshall order the personal property appraised by three (3) disinterested personsand the property shall not be sold for less than two-thirds (2/3) of theappraised value. Except when a private sale is ordered for good cause, allsales of goods and chattels shall be at public auction.

 

1-17-315. Additional levy.

 

Whena writ is issued directing the sale of property previously taken in execution,the officer who issues the writ, if requested, shall add thereto a command tothe officer to whom the writ is directed that if the unsold property remainingin his hands is insufficient to satisfy the judgment, he shall levy the sameupon lands and tenements or goods and chattels of the judgment debtor, as thelaw permits, sufficient to satisfy the debt.

 

1-17-316. Appraisement of real property required; exception.

 

(a) The officer who levies execution upon real property shall designate a qualified appraiser or three (3) disinterested property owners whoare residents of the county where the lands taken in execution are situate andadminister to the appraiser or to the property owners an oath to view andimpartially appraise the value of the property levied upon or any interest ofthe judgment debtor. The appraiser or the property owners shall return to theofficer as soon as possible a signed estimate of the appraised value.

 

(b) When the officer receives the return, he shall promptly deposita copy with the clerk of the court from which the writ issued and immediatelyadvertise and sell the real estate or the judgment debtor's interest asprovided by law.

 

(c) If upon the return it appears that two-thirds (2/3) of theappraised value of the judgment debtor's interest in the real estate leviedupon is sufficient to satisfy the execution with costs, the judgment on whichthe execution is issued shall not operate as a lien on the residue of thedebtor's estate to the prejudice of any other judgment creditor. Except asexpressly authorized by law, no real estate shall be sold for less thantwo-thirds (2/3) of the appraised value of the judgment debtor's interest inthe property.

 

(d) All lands the property of persons indebted to the state forany debt or taxes, except for loans authorized by the legislature, shall besold without appraisal notwithstanding any other provision of law.

 

1-17-317. Official property sold without valuation.

 

Theproperty of any state, county or municipal officer levied on for or on accountof any money collected or received by him in his official capacity may be soldwithout valuation.

 

1-17-318. Return on execution; record.

 

Thesheriff shall endorse his actions on the writ. Immediately upon return of the writ,the clerk shall record at length in the execution docket or other docketprovided for the purpose all such endorsements and the record shall be a partof the court record.

 

1-17-319. Disposition of nonrealty proceeds.

 

Ifthe sheriff collects any part of a judgment by virtue of an execution withoutthe sale of real estate, he shall pay the same to the judgment creditor or hisattorney. If the execution is fully satisfied, he shall return it within three(3) days after he has collected the money.

 

1-17-320. Failure of realty purchaser to pay.

 

Uponnotice and motion of the officer who makes the sale or of an interested party,the court from which any execution or order of sale issues shall punish as forcontempt any purchaser of real property who willfully fails to pay the purchasemoney.

 

1-17-321. Confirmation of sale of realty and order for deed;disposition of proceeds.

 

Ifupon return of any writ of execution for the satisfaction of which lands andtenements have been sold, it is found by the court that the sale was made inall respects in conformity with the code of civil procedure [this title], theclerk shall be directed to make an entry in the journal that the court issatisfied with the legality of the sale and that the officer, upon expirationof the period of redemption, shall make a deed to the purchaser for the landsand tenements. The officer may retain the purchase money until the courtexamines his proceedings. He shall then pay the money to the persons entitledas the court may order.

 

1-17-322. Conveyance of realty by master commissioner.

 

Amaster commissioner, upon order by the court, may convey real property when aparty to a proceeding has been ordered to convey the property to another andfails or refuses to obey the order. The master commissioner may also execute aconveyance when specific real property is sold by him under an order orjudgment of the court.

 

1-17-323. Administering of oaths; sheriff as commissioner; sales bymaster.

 

Amaster commissioner or special master who sells real property has the samepower to administer oaths as the sheriff. A sheriff may act as a mastercommissioner and, upon notice and for reasonable compensation to be paid by themaster commissioner out of his fees, may attend and make sale for anycommissioner who, by reason of sickness is unable to attend. Sales made by amaster shall conform in all respects to the laws regulating sales of lands uponexecution.

 

1-17-324. Effect of deed.

 

Thedeed is prima facie evidence of the legality and regularity of the sale and theentire estate and interest of the person whose property the officer sells andconveys shall thereby rest in the purchaser, whether that interest existed atthe time the property became liable to satisfy the judgment, or was acquiredsubsequently.

 

1-17-325. Printer's fees for notice.

 

Theofficer who makes a levy or holds an order of sale may demand of the plaintiffthe fees of the printer for publishing the notice and the officer is notrequired to make publication until the fees are paid.

 

1-17-326. Where realty sold; certain purchases void.

 

Allsales of lands or tenements under execution or order of sale shall be held atthe courthouse in the county in which the lands and tenements are situated,unless otherwise ordered by the court. Purchases of real or personal propertyby the officer making sale or by an appraiser of the property are void.

 

1-17-327. Alias executions against realty.

 

Iflands and tenements levied on or ordered sold are not sold upon one (1)execution, other executions may be issued.

 

1-17-328. Separate levies on separate parcels of land.

 

(a) When two (2) or more executions having differentpreferences are to be satisfied by levying upon real estate, either judgmentcreditor may require the officer to make a separate levy for his execution. Theofficer levying the executions may choose such part of the debtor's realproperty as is sufficient, at two-thirds (2/3) of the appraised value of thejudgment debtor's interest, to satisfy the executions.

 

(b) When two (2) or more executions having no preference as toeach other are to be satisfied by levying upon real property, either judgmentcreditor may require the officer to levy upon separate parcels if theappraisers determine that the property may be divided without material injury.

 

(c) If two-thirds (2/3) of the appraised value of the judgmentdebtor's interest in real property is not sufficient to satisfy all theexecutions chargeable against it, that part of the property shall be levied onto satisfy each execution as will bear the same proportion in value to thewhole as the amount due on the execution bears to the amount of all theexecutions chargeable thereon, as near as may be, according to the appraisedvalue of the judgment debtor's interest in each separate parcel.

 

1-17-329. Certificate or deed by successor officer.

 

Ifthe term of the officer who makes a sale of any lands and tenements expires, orhe is unable from any cause to make a certificate of sale or a deed ofconveyance of the property sold, any successor of the officer on receiving acertificate from the court from which execution issued setting forth thatsufficient proof has been made that the sale was fairly and legally made, andon tender or proof of payment of the purchase money, may execute to thepurchaser or his legal representatives a certificate of sale or a deed ofconveyance of the lands and tenements sold. The certificate or deed shall be asvalid in law as if the officer who made the sale had executed it.

 

1-17-330. Disposition of surplus proceeds.

 

Ifthere remains in the hands of the officer after an execution sale more moneythan necessary to satisfy the writ of execution with interest and costs, theofficer shall pay the balance to the defendant in execution or his legalrepresentatives.

 

1-17-331. Effect of reversal of judgment.

 

Ifa judgment in satisfaction of which lands or tenements are sold is thereafterreversed, the reversal shall not affect the title of the purchaser, but thejudgment creditor shall make restitution of the money received from the salewith lawful interest from the day of sale.

 

1-17-332. Rights of purchaser where sale invalid.

 

(a) If the title of the purchaser is invalid by reason of aprocedural defect in the sale of property on execution, the purchaser issubrogated to the right of the creditor against the debtor to the extent of themoney paid and applied to the debtor's benefit, and shall have a lien thereforon the property sold as against all persons except bona fide purchasers withoutnotice. The creditor is not required to refund the purchase money by reason ofthe invalidity of any such sale.

 

(b) This section applies to all sales by order of court, salesby executors, administrators, guardians and assignees and to all sales fortaxes.

 

1-17-333. Sale of wrong property; vacation of satisfaction.

 

Whena plaintiff in execution, in good faith, has had a levy of execution and saleof property not subject thereto, with the proceeds applied on his judgment, anda recovery therefor has been had against him by the owner of the property, theplaintiff, having paid the amount so recovered, on motion and notice to thejudgment defendant, in the court having control of the judgment, may have thesatisfaction made from the sale on execution vacated and is entitled to collectthe judgment.

 

1-17-334. Sale of wrong property; remedy of levying officer.

 

Whenan officer levies execution in good faith, upon property not subject thereto,sells the property and applies the proceeds in satisfaction of the judgment,and a recovery is had against him for its value, upon payment of the recoveryand on motion and notice to the execution defendant in the court having controlof the judgment, the officer may have the satisfaction of the judgment vacatedand execution issued for his use the same as if the levy and sale had not beenmade.

 

1-17-335. Sale of wrong property; rights of defendant and surety.

 

Whena defendant in a judgment or his surety mistakenly directs an execution issuedon the judgment to be levied on property not liable to execution, and therebywholly or partially satisfies the judgment, he may be compelled to pay theowner of the property therefor. Thereafter, he shall have the same rightsagainst any codefendant in the judgment and against any cosurety or principalin respect of the debts on which the judgment is founded as though thesatisfaction had been made out of the property of the defendant or suretydirecting the levy.

 

1-17-336. When judgment loses preference; lien to continue for a year.

 

Ajudgment on which execution is not levied before the expiration of one (1) yearafter its rendition shall not operate as a lien on the estate of a debtor. Whenjudgment is rendered in the district or supreme court and a special mandate isawarded to the district court to carry the same into execution, the lien of thejudgment creditor shall continue for one (1) year after the mandate is filedwith the county clerk. The special mandate shall be entered on the journal ofthe district court before being filed with the county clerk. In computing theperiod of one (1) year, the time covered by an appeal of the case, by aninjunction against the execution, by a vacancy in the office of sheriff or bythe inability of the officer, shall be excluded.

 

1-17-337. New appraisement of realty or execution; direction of saleprice by court.

 

Whenreal estate taken on execution is appraised and is twice advertised and offeredfor sale but remains unsold for lack of bidders, the court from which the executionissued on motion of the plaintiff or defendant shall set aside the appraisementand order a new appraisement to be made, or set aside the levy and appraisementand award a new execution to issue. When the real estate or any part thereofhas been three (3) times appraised and thereafter twice advertised and offeredfor sale, and remains unsold for lack of bidders, the court may direct theamount for which the property shall be sold.

 

1-17-338. Court order to sell land on time; terms of sale.

 

Whenpremises are ordered to be sold and having been twice advertised and offeredfor sale remain unsold for lack of bidders, on motion of the plaintiff ordefendant the court from which the order of sale issued shall order a newappraisement, and may also order that the land be sold on time with one-third(1/3) cash in hand, one-third (1/3) in nine (9) months from the day of sale,and the remaining one-third (1/3) in eighteen (18) months from the day of sale.Deferred payments shall draw interest and be secured by a mortgage on thepremises.

 

1-17-339. Return of execution.

 

Theofficer to whom a writ of execution is directed shall return the writ to thecourt within sixty (60) days from the date thereof.

 

1-17-340. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-341. Appraiser's fees.

 

Each appraiser of real estate under W.S.1-17-301 through 1-17-345, other than qualified appraisers, shall receive three dollars ($3.00) per day and one dollar and fifty cents ($1.50) per halfday for his services, to be collected on the execution. Qualified appraisers soacting shall receive a reasonable fee to be collected on the execution.

 

1-17-342. Return of execution to another county by mail.

 

Whenexecution is issued to the sheriff of another county, and the sheriff, havingdischarged all the duties required of him by law, returns the execution by mailto the clerk of the court who issued it soon enough to have reached the officewhere it was issued within the time prescribed by law, he is not liable for anypenalty if it does not reach the office in time.

 

1-17-343. Forwarding of money by mail.

 

Asheriff shall not forward by mail any money made on execution unless he isspecially instructed to do so by the plaintiff, his agent or attorney.

 

1-17-344. Execution docket; entries.

 

Theclerk of the district court shall enter in the execution docket the full namesof the parties to the action in which an execution is issued, the number of theaction in the appearance docket, the number of the execution, the date of itsissue, the amount of the judgment, the costs due each person or officer, thetime when the judgment was rendered, the date of the return and the returnrecorded in full.

 

1-17-345. Execution docket; index.

 

Theclerk shall keep an index to the execution docket showing in separate columnsthe names of all parties against whom and in whose favor an execution has beenissued, the number of the execution and the number of the action upon theappearance docket.

 

ARTICLE 4 - PROCEEDINGS IN AID OF EXECUTION

 

1-17-401. Action against equitable assets.

 

Anyequitable interests the judgment debtor has as mortgagor, mortgagee orotherwise, or any interest he has in any joint stock company, money contract,claim or chose in action due or to become due to him, or in any judgment ororder, or any money, goods or effects which he has in the possession of anyperson, which has not been levied upon and sold under execution is subject tothe payment of the judgment by action.

 

1-17-402. Discovery in aid of execution.

 

(a) At any time after entry of judgment, the judgment creditormay obtain discovery by interrogatories, depositions or otherwise, from anyperson, including the judgment debtor, in accordance with the Wyoming Rules ofCivil Procedure.

 

(b) A person served with notice of discovery under this sectionshall hold for the benefit of the judgment creditor from the time of service all property, money and credits in his hands belonging to the judgment debtoror due to him.

 

1-17-403. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-404. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-405. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-406. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-407. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-408. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-409. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-410. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-411. Order for satisfaction of judgment; request for a hearing.

 

Followingan examination as provided by W.S. 1-17-402 through 1-17-418, the court may orderany property of the judgment debtor not exempt by law, to be applied toward thesatisfaction of a judgment. Upon seizure of his property, a judgment debtor mayrequest a hearing pursuant to W.S. 1-17-102.

 

1-17-412. Appointment of receiver; control of property.

 

Thecourt may appoint the sheriff of the proper county or other suitable person asreceiver of the property of the judgment debtor, and may forbid a transfer orother disposition of or interference with the property of the judgment debtor,not exempt by law.

 

1-17-413. Appointment of sheriff or another as receiver.

 

Ifthe sheriff is appointed receiver, he and his sureties are liable on hisofficial bond as receiver. If another person is appointed, he shall take anoath and bond as in other cases.

 

1-17-414. Sale of judgment debtor's equitable or other interest inrealty.

 

Ifit appears that the judgment debtor has an interest in real estate in thecounty in which proceedings are had, as mortgagor, mortgagee or otherwise, andhis interest can be ascertained as between himself and any person holding thelegal estate or having a lien or interest therein, without controversy, thereceiver may be ordered to sell and convey the real estate, or the interest ofthe debtor. The sale shall be conducted as provided for the sale of real estateupon execution, and before execution of the deed, the proceedings of sale shallbe approved by the court in which the judgment was rendered or the transcriptfiled.

 

1-17-415. Filing of orders.

 

Allorders of the court issued pursuant to this article shall be filed with theclerk of the district court of the county in which the judgment is rendered.The clerk shall enter on the execution docket the time of filing the judgmentor transcript.

 

1-17-416. Costs.

 

Thejudge shall allow to clerks, sheriffs, referees, receivers and witnessescompensation allowed for like services in other cases, to be taxed as costs andshall enforce the collection thereof from the party or parties liable forpayment.

 

1-17-417. Lien on debtor vendee's interest in personalty; interestdefined.

 

Anattaching or judgment creditor of a vendee in a sale, contract or lease whereinthe transfer of title or ownership of personal property is contingent upon anycondition, has a lien upon the personal property to the extent of the interestof the vendee therein. For the purposes of W.S. 1-17-417 and 1-17-418, theinterest of the vendee is the amount which the personal property will bring atany judicial sale, over and above any sums then unpaid to the vendor in thesale, contract or lease.

 

1-17-418. Lien on debtor vendee's interest in personalty; manner andeffect of sale.

 

Whenany personal property is attached or levied upon under execution, the judgmentcreditor shall pay the amount then due the vendor or the assignee of vendorunder the sale, contract or lease, and proceed to sell the personal propertythe same as if title and ownership were in the vendee. If the judgment creditorelects to pay the vendor or assignee of vendor, the bill of sale of the sheriffor person selling under execution shall convey to the purchaser at theexecution sale all of the right, title and interest of the vendor to thepersonal property.

 

ARTICLE 5 - GARNISHMENT

 

1-17-501. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-502. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-503. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-504. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-505. Repealed by Laws 1987, ch. 198, 4.

 

 

ARTICLE 6 - EXECUTION AGAINST THE PERSON; ATTACHMENT OF PERSON

 

1-17-601. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-602. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-603. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-604. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-605. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-606. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-607. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-608. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-609. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-610. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-611. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-612. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-613. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-614. Repealed by Laws 1988, ch. 37, 3.

 

 

ARTICLE 7 - ENFORCEMENT OF FOREIGN JUDGMENTS

 

1-17-701. Short title.

 

Thisact means W.S. 1-17-701 through 1-17-707 and may be cited as the UniformEnforcement of Foreign Judgments Act.

 

1-17-702. "Foreign judgment" defined.

 

Inthis act, "foreign judgment" means any judgment, decree, or order ofa court of the United States or of any other court which is entitled to fullfaith and credit in this state.

 

1-17-703. Filing of foreign judgment; effect of filing.

 

Inorder for a foreign judgment to have the same effect as a judgment of adistrict court of this state, a copy of any foreign judgment authenticated inaccordance with an act of Congress or the statutes of this state shall be filedin the office of the clerk of any district court and any county clerk of thisstate. The clerk of court shall treat the foreign judgment as a judgment of thedistrict court of this state notwithstanding the amount of the judgment or thatthe action giving rise to the judgment, if initiated in this state, would bewithin the jurisdiction of a minor court. A judgment so filed has the same effectand is subject to the same procedures, defenses and proceedings for reopening,vacating or staying as a judgment of a district court of this state and may beso enforced or satisfied.

 

1-17-704. Affidavit required; notice of filing; execution.

 

Atthe time of filing a foreign judgment, the judgment creditor or his attorneyshall file with the clerk of court an affidavit setting forth the name and lastknown mailing address of the judgment debtor, and the judgment creditor. Theclerk shall promptly mail notice of the filing of the foreign judgment to thejudgment debtor at the address given and shall make a note of the mailing inthe docket. The notice shall include the name and mailing address of thejudgment creditor and the judgment creditor's attorney, if any, in this state.The judgment creditor may mail a notice of the filing of the judgment to thejudgment debtor and may file proof of mailing with the clerk. Lack of notice offiling by the clerk shall not affect the enforcement proceedings if proof ofmailing by the judgment creditor has been filed. An execution or other processfor enforcement of a foreign judgment shall not issue until five (5) days afterthe date the judgment is filed.

 

1-17-705. Stay of enforcement.

 

Ifthe judgment debtor shows the court that an appeal from the foreign judgment ispending or will be taken, or that a stay of execution has been granted, andupon proof that the judgment debtor has furnished the security for satisfactionof the judgment required by the law of the state where it was rendered, thecourt shall stay enforcement of the foreign judgment until the appeal isconcluded, the time for appeal expires, or until the stay of execution expiresor is vacated. If the judgment debtor shows the court any ground upon whichenforcement of a judgment of the court of this state would be stayed, the courtshall stay enforcement of the foreign judgment for an appropriate period, uponrequiring the security for satisfaction of the judgment which is required inthis state.

 

1-17-706. Fees.

 

Anyperson filing a foreign judgment shall pay to the clerk of court the fee forfiling instruments in a civil action under W.S. 5-3-206(a)(i). Fees fordocketing, transcription or other enforcement proceedings shall be the same asfor judgments of the courts of this state.

 

1-17-707. Right of action unimpaired.

 

Theright of a judgment creditor to bring an action to enforce his judgment in theappropriate court in this state instead of proceeding under this act remainsunimpaired.

 

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter17

CHAPTER 17 - ENFORCEMENT OF JUDGMENTS

 

ARTICLE 1 - EXECUTIONS DEFINED AND CLASSIFIED; HEARING

 

1-17-101. Execution defined; issuance; kinds.

 

(a) An execution is a process of the court issued by the clerkand directed to the sheriff of the county. Executions may be issued to thesheriffs of different counties at the same time.

 

(b) Executions are of two (2) kinds:

 

(i) Against the property of the judgment debtor, includingorders of sale; and

 

(ii) For the delivery of the possession of real property inwhich case the writ shall contain a specific description of the property and acommand to the officer to whom the writ is delivered to deliver the property tothe person entitled to it. The writ may also require the officer to recoverdamages for withholding possession and costs, or costs alone, out of theproperty of the person who withholds possession.

 

1-17-102. Request for hearing when property seized under execution.

 

(a) Except as provided in subsection (e) of this section, aperson, other than a corporate entity, against whom a money judgment has beenentered and whose property is seized under execution is entitled to a hearingwithin five (5) days, excluding Saturdays, Sundays and legal holidays, afterthe court receives the person's written request for a hearing to determine ifthe property seized is exempt from execution. The person whose property isseized shall file a written request for a hearing with the clerk of courtwithin ten (10) days after seizure of his property.

 

(b) Except where the judgment is solely against corporateentities, the court shall attach to every money judgment a notice containingthe following information:

 

"Youare informed that since the judgment is entered the prevailing party mayproceed to seize your property, funds or wages by execution or garnishment. Inthat event you may be entitled to the following exemptions:

 

(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) A portion of wages as provided in W.S. 1-15-408, or in thecase of consumer credit sales, leases or loans, as provided by W.S. 40-14-505;

 

(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.

 

To assert your right to any of theforegoing exemptions you shall file a written request with the clerk of courtwithin ten (10) days after seizure of your property, funds or wages. If youfail to make a written request for a hearing and claim one (1) or more of theforegoing exemptions within ten (10) days after seizure of your property, fundsor wages, you may waive or lose your right to claim the exemptions."

 

(c) The notice provided in this section shall be sent to thelast known address of the judgment debtor by the clerk of court upon therequest of any person before any property of the judgment debtor is seized byexecution or garnishment.

 

(d) A copy of the money judgment together with the exemptioninformation shall be transmitted by the court by first class United Statesmail, with the postage prepaid in envelopes furnished and properly addressed bythe prevailing party.

 

(e) Notwithstanding any other provision of this section, ajudgment debtor who is served with a writ of continuing garnishment under W.S.1-15-506 shall file objections to the continuing garnishment and receive ahearing on his objections as provided by W.S. 1-15-507 and 1-15-508.

 

ARTICLE 2 - STAY OF EXECUTION

 

1-17-201. Right to stay; procedure.

 

(a) When judgment has been rendered in any district courtagainst any person for the recovery of money or sale of property he may have astay of execution as provided by the Wyoming Rules of Civil Procedure, exceptthat a supersedeas bond to be furnished in order to stay the execution of anyjudgment under this section or under W.S. 1-17-210 during the entire course ofappellate review shall not, regardless of amount of the judgment, exceed twomillion dollars ($2,000,000.00) in any action in which all appellants areeither individuals or have fifty (50) or fewer employees, or twenty-fivemillion dollars ($25,000,000.00) in any other action; provided, however:

 

(i) That if an appellee proves by a preponderance of theevidence that an appellant is dissipating assets which may affect the ultimatepayment of all or any portion of the judgment, the district court, upon motionand hearing, may require the appellant to post a bond in an amount up to theamount of the judgment; or

 

(ii) That an appellee of a judgment to pay taxes or liens to thestate of Wyoming shall post a bond in an amount not less than the full amountof the judgment plus interest and costs of the appeal, unless otherwiseordered, as provided in Rule 4.02(b) of the Wyoming Rules of AppellateProcedure.

 

1-17-202. Notice to sheriff; relinquishment of property.

 

(a) When the bond is entered after execution is issued, theclerk shall immediately notify the sheriff and he shall forthwith return theexecution, noting his actions thereon.

 

(b) All property levied on before the stay of execution and allwritten undertakings for the delivery of personal property to the sheriff shallbe relinquished by the officer upon bond for the stay of execution beingentered.

 

1-17-203. Effect of recognizance.

 

Everyrecognizance of surety taken as provided shall have the effect of a judgmentconfessed from the date taken against the person and property of the surety.

 

1-17-204. Execution at expiration of stay.

 

Atthe expiration of the stay the clerk shall issue a joint execution against theproperty of all the judgment debtors and sureties, but the sheriff shall firstlevy upon the property of the judgment defendant if sufficient property can befound. If not found, he shall without delay levy the execution upon theproperty of the original judgment debtor subject to the execution which can befound in the county.

 

1-17-205. No stay on "not repleviable" judgments.

 

Astay of execution shall not be allowed upon any judgment recovered against anyperson or surety for money received in a fiduciary capacity or for a breach ofany official duty. The clerk shall issue executions upon the judgmentsimmediately, returnable in ninety (90) days, endorsed "Notrepleviable" and the judgment shall so order.

 

1-17-206. No stay where sureties object; exception.

 

Whena court renders judgment against two (2) or more persons, any of whom aresureties for another in the contract on which the judgment is founded, thereshall be no stay of execution on the judgment if the sureties object at thetime of rendering the judgment unless the surety for the stay of execution willundertake specially to pay the judgment in case the amount cannot be levied ofthe principal defendant.

 

1-17-207. Execution upon affidavit of surety; generally.

 

Anysurety for the stay of execution may file with the clerk an affidavit statingthat he believes he will be liable for the judgment with interest and coststhereon unless execution issues immediately, and the clerk shall issueexecution immediately unless other sufficient surety is entered before theclerk or sheriff as in other cases.

 

1-17-208. Execution upon affidavit of surety; effect of new surety.

 

Ifother sufficient surety is entered, it shall have the force of the originalsurety entered before the filing of the affidavit and shall discharge theoriginal surety.

 

1-17-209. Time of stay excluded for execution.

 

Thetime during which any judgment is stayed shall not be included in the periodduring which the judgment creditor shall cause execution to be issued andlevied in order to preserve his lien on the property of the debtor as againstother judgment creditors.

 

1-17-210. Stay on appeal.

 

Executionof a judgment or final order, other than those enumerated in W.S. 1-17-201, ofany judicial tribunal, or the levy or collection of any tax or assessmenttherein litigated, may be stayed on such terms as may be prescribed by thecourt in which the appeal is filed.

 

ARTICLE 3 - LIEN OF JUDGMENT AND ENFORCEMENT BY EXECUTION

 

1-17-301. Property subject to execution.

 

Exceptfor property exempt by law, all property of the judgment debtor, both real andpersonal or any legal or equitable interest therein including any interest ofthe judgment debtor in mortgaged property or property being sold under anexecutory land contract, is subject to execution.

 

1-17-302. When lien attaches to property; generally.

 

Thelands and tenements within the county in which judgment is entered are boundfor the satisfaction thereof from the day the judgment is filed with the countyclerk. Whenever a judgment is required to be filed with the county clerk, itshall be recorded in the real estate records. Goods and chattels of the debtorare bound from the time they are seized in execution.

 

1-17-303. When lien attaches to property; judgment of supreme court.

 

Ajudgment of the supreme court for money binds the lands and tenements of thedebtor within the county in which the suit originated from the day the judgmentis filed with the county clerk. Whenever a judgment is required to be filedwith the county clerk, it shall be recorded in the real estate records. Goodsand chattels of the debtor are bound from the time they are seized inexecution. The lien of a judgment of the district court which is appealed tothe supreme court shall not be divested or vacated, but shall continue untilthe final determination of the action in the supreme court.

 

1-17-304. Recording lien on real estate in other counties.

 

Thejudgment creditor in any judgment rendered by any district court in this state,or in any judgment rendered in a circuit court of this state and filed in thejudgment record of the district court, may file a transcript of the judgmentrecord of the district court with the clerk of the district court and thecounty clerk in any other counties within this state where the judgment debtorowns real estate. The judgment is a lien upon all real estate of the judgmentdebtor in any county in which the transcript is filed with the clerk ofdistrict court and the county clerk from the date of filing with the countyclerk. The clerk of the district court of any county in which the transcriptis filed shall enter the judgment upon the judgment records of the court in thesame manner as judgments are rendered in that court.

 

1-17-305. Lien of judgments of federal courts.

 

(a) Judgments and decrees entered in any United States districtcourt or circuit court held within this state are a lien against the lands andtenements of the person against whom the judgment or decree is rendered,situated within the county where the judgment or decree is entered, from theday the judgment is filed with the county clerk.

 

(b) The judgment creditor in any judgment or decree rendered inany United States district court within this state may file a transcript of thejudgment record in the office of the clerk of any Wyoming district court andthe county clerk in any counties in the state of Wyoming where the judgmentdebtor owns real estate.

 

(c) The clerk of the district court of any county in which thetranscript is filed shall enter the judgment upon the judgment records of thecourt in the same manner as judgments rendered in that court.

 

(d) The judgment or decree is a lien upon all the real estateof the judgment debtor in the county or counties where the transcript is filedwith the clerk of district court and the county clerk from the date of filingwith the county clerk.

 

1-17-306. Lien of judgments of circuit courts.

 

(a) The party in whose favor a judgment is rendered by acircuit court if the judgment is not appealed or stayed, may file with theclerk of the district court and the county clerk of the county in which thejudgment was rendered a transcript thereof, certifying therein the amount paidthereon, if any. The clerk of court shall enter the case on the executiondocket, together with the amount of the judgment and the time of filing thetranscript with the county clerk. If within ten (10) days after the judgmentwas rendered, the judgment debtor pays the same or gives bond for stay ofexecution, the justice shall immediately certify that fact to the clerk of thedistrict court and the county clerk. The district court clerk shall enter amemorandum thereof upon the docket. The cost of the transcript, the filing,recording and the entry on the docket shall be paid by the party who files andrecords the transcript and not be taxed to the other party.

 

(b) The judgment shall be a lien on the real estate of thejudgment debtor within the county from the day the transcript is filed with thecounty clerk provided the transcript has also been filed previously or thatsame day with the clerk of district court.

 

(c) Execution may be issued on the judgment at any time afterfiling the transcript as if the judgment had been rendered in the districtcourt.

 

1-17-307. When judgment becomes dormant.

 

Ifexecution on a judgment rendered in any court of record in this state or atranscript of which has been filed as provided in W.S. 1-17-306(a) is notissued within five (5) years from date of the judgment or if five (5) yearsintervene between the date the last execution issued on the judgment and thetime of issuing another execution thereon, the judgment is dormant and ceasesto operate as a lien on the estate of the judgment debtor.

 

1-17-308. Writs of execution; generally.

 

(a) The writ of execution against the property of the judgmentdebtor issuing from any court of record shall command the officer to whom it isdirected that he shall collect the money specified in the writ from the realand personal property of the debtor.

 

(b) An execution issued on a judgment rendered against apartnership by its firm name shall operate only on the partnership property.

 

(c) The amount of the debt, damages and costs for which thejudgment is entered shall be endorsed on the execution.

 

1-17-309. Writs of execution; preferences.

 

Theofficer shall endorse on every writ of execution the time when he received it. When two (2) or more writs of execution against the same debtor are deliveredto the officer on the same day, no preference shall be given to either of thewrits. If a sufficient sum of money is not made to satisfy all executions, theamount made shall be distributed to the several creditors in proportion to theamount of their respective demands. In all other cases the writ of executionfirst delivered to the officer shall be first satisfied. This section shall notaffect any preferable lien which a judgment on execution issued has on thelands of the judgment debtor.

 

1-17-310. Writs of execution; levy.

 

Theofficer to whom a writ of execution is delivered shall proceed immediately tolevy the writ upon the real and personal property of the debtor.

 

1-17-311. Bond for future delivery of property; failure to perform.

 

Whenan officer levies an execution upon any goods and chattels which afterwardsremain unsold for any reasonable cause, the officer may for his own security,take a bond from the defendant, with security he deems sufficient to the effectthat the property shall be delivered to the officer holding the execution forthe sale of same at the time and place appointed by the officer, either bynotice given in writing to the defendant in execution or by advertisementprinted in a newspaper published in the county, naming the day and place ofsale. If the defendant fails to deliver the goods and chattels at the time andplace mentioned in the notice or to pay to the officer holding the executionthe full value of the goods and chattels or the amount of the debt and costs,the bond shall be considered broken and may be proceeded on as in other cases.

 

1-17-312. Notice of execution sale.

 

Unlessa private sale is ordered as provided in W.S. 1-17-314, the officer who leviesexecution upon goods and chattels, shall cause public notice to be given of thetime and place of sale at least ten (10) days before the day of sale. Thenotice shall be given by advertisement in a newspaper published in the countyor, if no newspaper is published therein, then in a newspaper of generalcirculation in the county.

 

1-17-313. Alias execution.

 

Whengoods and chattels levied upon by execution cannot be sold for want of biddersor want of time, the officer who makes the return shall annex to the executiona true inventory of the goods and chattels remaining unsold. The plaintiff inexecution may have another execution issued, directing the sale of the propertylevied upon, but the goods and chattels shall not be sold unless the time andplace of sale is advertised as directed in W.S. 1-17-312.

 

1-17-314. Sale to be at public auction; when private sale authorized.

 

Thecourt from which an execution or order of sale issues, on application of eitherparty with due notice to the adverse party and for good cause, may order theofficer holding the process to sell the goods and chattels at private sale forcash, specifying the time during which the sale will continue but not extendingbeyond the return day of the process. Before a private sale is made, the courtshall order the personal property appraised by three (3) disinterested personsand the property shall not be sold for less than two-thirds (2/3) of theappraised value. Except when a private sale is ordered for good cause, allsales of goods and chattels shall be at public auction.

 

1-17-315. Additional levy.

 

Whena writ is issued directing the sale of property previously taken in execution,the officer who issues the writ, if requested, shall add thereto a command tothe officer to whom the writ is directed that if the unsold property remainingin his hands is insufficient to satisfy the judgment, he shall levy the sameupon lands and tenements or goods and chattels of the judgment debtor, as thelaw permits, sufficient to satisfy the debt.

 

1-17-316. Appraisement of real property required; exception.

 

(a) The officer who levies execution upon real property shall designate a qualified appraiser or three (3) disinterested property owners whoare residents of the county where the lands taken in execution are situate andadminister to the appraiser or to the property owners an oath to view andimpartially appraise the value of the property levied upon or any interest ofthe judgment debtor. The appraiser or the property owners shall return to theofficer as soon as possible a signed estimate of the appraised value.

 

(b) When the officer receives the return, he shall promptly deposita copy with the clerk of the court from which the writ issued and immediatelyadvertise and sell the real estate or the judgment debtor's interest asprovided by law.

 

(c) If upon the return it appears that two-thirds (2/3) of theappraised value of the judgment debtor's interest in the real estate leviedupon is sufficient to satisfy the execution with costs, the judgment on whichthe execution is issued shall not operate as a lien on the residue of thedebtor's estate to the prejudice of any other judgment creditor. Except asexpressly authorized by law, no real estate shall be sold for less thantwo-thirds (2/3) of the appraised value of the judgment debtor's interest inthe property.

 

(d) All lands the property of persons indebted to the state forany debt or taxes, except for loans authorized by the legislature, shall besold without appraisal notwithstanding any other provision of law.

 

1-17-317. Official property sold without valuation.

 

Theproperty of any state, county or municipal officer levied on for or on accountof any money collected or received by him in his official capacity may be soldwithout valuation.

 

1-17-318. Return on execution; record.

 

Thesheriff shall endorse his actions on the writ. Immediately upon return of the writ,the clerk shall record at length in the execution docket or other docketprovided for the purpose all such endorsements and the record shall be a partof the court record.

 

1-17-319. Disposition of nonrealty proceeds.

 

Ifthe sheriff collects any part of a judgment by virtue of an execution withoutthe sale of real estate, he shall pay the same to the judgment creditor or hisattorney. If the execution is fully satisfied, he shall return it within three(3) days after he has collected the money.

 

1-17-320. Failure of realty purchaser to pay.

 

Uponnotice and motion of the officer who makes the sale or of an interested party,the court from which any execution or order of sale issues shall punish as forcontempt any purchaser of real property who willfully fails to pay the purchasemoney.

 

1-17-321. Confirmation of sale of realty and order for deed;disposition of proceeds.

 

Ifupon return of any writ of execution for the satisfaction of which lands andtenements have been sold, it is found by the court that the sale was made inall respects in conformity with the code of civil procedure [this title], theclerk shall be directed to make an entry in the journal that the court issatisfied with the legality of the sale and that the officer, upon expirationof the period of redemption, shall make a deed to the purchaser for the landsand tenements. The officer may retain the purchase money until the courtexamines his proceedings. He shall then pay the money to the persons entitledas the court may order.

 

1-17-322. Conveyance of realty by master commissioner.

 

Amaster commissioner, upon order by the court, may convey real property when aparty to a proceeding has been ordered to convey the property to another andfails or refuses to obey the order. The master commissioner may also execute aconveyance when specific real property is sold by him under an order orjudgment of the court.

 

1-17-323. Administering of oaths; sheriff as commissioner; sales bymaster.

 

Amaster commissioner or special master who sells real property has the samepower to administer oaths as the sheriff. A sheriff may act as a mastercommissioner and, upon notice and for reasonable compensation to be paid by themaster commissioner out of his fees, may attend and make sale for anycommissioner who, by reason of sickness is unable to attend. Sales made by amaster shall conform in all respects to the laws regulating sales of lands uponexecution.

 

1-17-324. Effect of deed.

 

Thedeed is prima facie evidence of the legality and regularity of the sale and theentire estate and interest of the person whose property the officer sells andconveys shall thereby rest in the purchaser, whether that interest existed atthe time the property became liable to satisfy the judgment, or was acquiredsubsequently.

 

1-17-325. Printer's fees for notice.

 

Theofficer who makes a levy or holds an order of sale may demand of the plaintiffthe fees of the printer for publishing the notice and the officer is notrequired to make publication until the fees are paid.

 

1-17-326. Where realty sold; certain purchases void.

 

Allsales of lands or tenements under execution or order of sale shall be held atthe courthouse in the county in which the lands and tenements are situated,unless otherwise ordered by the court. Purchases of real or personal propertyby the officer making sale or by an appraiser of the property are void.

 

1-17-327. Alias executions against realty.

 

Iflands and tenements levied on or ordered sold are not sold upon one (1)execution, other executions may be issued.

 

1-17-328. Separate levies on separate parcels of land.

 

(a) When two (2) or more executions having differentpreferences are to be satisfied by levying upon real estate, either judgmentcreditor may require the officer to make a separate levy for his execution. Theofficer levying the executions may choose such part of the debtor's realproperty as is sufficient, at two-thirds (2/3) of the appraised value of thejudgment debtor's interest, to satisfy the executions.

 

(b) When two (2) or more executions having no preference as toeach other are to be satisfied by levying upon real property, either judgmentcreditor may require the officer to levy upon separate parcels if theappraisers determine that the property may be divided without material injury.

 

(c) If two-thirds (2/3) of the appraised value of the judgmentdebtor's interest in real property is not sufficient to satisfy all theexecutions chargeable against it, that part of the property shall be levied onto satisfy each execution as will bear the same proportion in value to thewhole as the amount due on the execution bears to the amount of all theexecutions chargeable thereon, as near as may be, according to the appraisedvalue of the judgment debtor's interest in each separate parcel.

 

1-17-329. Certificate or deed by successor officer.

 

Ifthe term of the officer who makes a sale of any lands and tenements expires, orhe is unable from any cause to make a certificate of sale or a deed ofconveyance of the property sold, any successor of the officer on receiving acertificate from the court from which execution issued setting forth thatsufficient proof has been made that the sale was fairly and legally made, andon tender or proof of payment of the purchase money, may execute to thepurchaser or his legal representatives a certificate of sale or a deed ofconveyance of the lands and tenements sold. The certificate or deed shall be asvalid in law as if the officer who made the sale had executed it.

 

1-17-330. Disposition of surplus proceeds.

 

Ifthere remains in the hands of the officer after an execution sale more moneythan necessary to satisfy the writ of execution with interest and costs, theofficer shall pay the balance to the defendant in execution or his legalrepresentatives.

 

1-17-331. Effect of reversal of judgment.

 

Ifa judgment in satisfaction of which lands or tenements are sold is thereafterreversed, the reversal shall not affect the title of the purchaser, but thejudgment creditor shall make restitution of the money received from the salewith lawful interest from the day of sale.

 

1-17-332. Rights of purchaser where sale invalid.

 

(a) If the title of the purchaser is invalid by reason of aprocedural defect in the sale of property on execution, the purchaser issubrogated to the right of the creditor against the debtor to the extent of themoney paid and applied to the debtor's benefit, and shall have a lien thereforon the property sold as against all persons except bona fide purchasers withoutnotice. The creditor is not required to refund the purchase money by reason ofthe invalidity of any such sale.

 

(b) This section applies to all sales by order of court, salesby executors, administrators, guardians and assignees and to all sales fortaxes.

 

1-17-333. Sale of wrong property; vacation of satisfaction.

 

Whena plaintiff in execution, in good faith, has had a levy of execution and saleof property not subject thereto, with the proceeds applied on his judgment, anda recovery therefor has been had against him by the owner of the property, theplaintiff, having paid the amount so recovered, on motion and notice to thejudgment defendant, in the court having control of the judgment, may have thesatisfaction made from the sale on execution vacated and is entitled to collectthe judgment.

 

1-17-334. Sale of wrong property; remedy of levying officer.

 

Whenan officer levies execution in good faith, upon property not subject thereto,sells the property and applies the proceeds in satisfaction of the judgment,and a recovery is had against him for its value, upon payment of the recoveryand on motion and notice to the execution defendant in the court having controlof the judgment, the officer may have the satisfaction of the judgment vacatedand execution issued for his use the same as if the levy and sale had not beenmade.

 

1-17-335. Sale of wrong property; rights of defendant and surety.

 

Whena defendant in a judgment or his surety mistakenly directs an execution issuedon the judgment to be levied on property not liable to execution, and therebywholly or partially satisfies the judgment, he may be compelled to pay theowner of the property therefor. Thereafter, he shall have the same rightsagainst any codefendant in the judgment and against any cosurety or principalin respect of the debts on which the judgment is founded as though thesatisfaction had been made out of the property of the defendant or suretydirecting the levy.

 

1-17-336. When judgment loses preference; lien to continue for a year.

 

Ajudgment on which execution is not levied before the expiration of one (1) yearafter its rendition shall not operate as a lien on the estate of a debtor. Whenjudgment is rendered in the district or supreme court and a special mandate isawarded to the district court to carry the same into execution, the lien of thejudgment creditor shall continue for one (1) year after the mandate is filedwith the county clerk. The special mandate shall be entered on the journal ofthe district court before being filed with the county clerk. In computing theperiod of one (1) year, the time covered by an appeal of the case, by aninjunction against the execution, by a vacancy in the office of sheriff or bythe inability of the officer, shall be excluded.

 

1-17-337. New appraisement of realty or execution; direction of saleprice by court.

 

Whenreal estate taken on execution is appraised and is twice advertised and offeredfor sale but remains unsold for lack of bidders, the court from which the executionissued on motion of the plaintiff or defendant shall set aside the appraisementand order a new appraisement to be made, or set aside the levy and appraisementand award a new execution to issue. When the real estate or any part thereofhas been three (3) times appraised and thereafter twice advertised and offeredfor sale, and remains unsold for lack of bidders, the court may direct theamount for which the property shall be sold.

 

1-17-338. Court order to sell land on time; terms of sale.

 

Whenpremises are ordered to be sold and having been twice advertised and offeredfor sale remain unsold for lack of bidders, on motion of the plaintiff ordefendant the court from which the order of sale issued shall order a newappraisement, and may also order that the land be sold on time with one-third(1/3) cash in hand, one-third (1/3) in nine (9) months from the day of sale,and the remaining one-third (1/3) in eighteen (18) months from the day of sale.Deferred payments shall draw interest and be secured by a mortgage on thepremises.

 

1-17-339. Return of execution.

 

Theofficer to whom a writ of execution is directed shall return the writ to thecourt within sixty (60) days from the date thereof.

 

1-17-340. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-341. Appraiser's fees.

 

Each appraiser of real estate under W.S.1-17-301 through 1-17-345, other than qualified appraisers, shall receive three dollars ($3.00) per day and one dollar and fifty cents ($1.50) per halfday for his services, to be collected on the execution. Qualified appraisers soacting shall receive a reasonable fee to be collected on the execution.

 

1-17-342. Return of execution to another county by mail.

 

Whenexecution is issued to the sheriff of another county, and the sheriff, havingdischarged all the duties required of him by law, returns the execution by mailto the clerk of the court who issued it soon enough to have reached the officewhere it was issued within the time prescribed by law, he is not liable for anypenalty if it does not reach the office in time.

 

1-17-343. Forwarding of money by mail.

 

Asheriff shall not forward by mail any money made on execution unless he isspecially instructed to do so by the plaintiff, his agent or attorney.

 

1-17-344. Execution docket; entries.

 

Theclerk of the district court shall enter in the execution docket the full namesof the parties to the action in which an execution is issued, the number of theaction in the appearance docket, the number of the execution, the date of itsissue, the amount of the judgment, the costs due each person or officer, thetime when the judgment was rendered, the date of the return and the returnrecorded in full.

 

1-17-345. Execution docket; index.

 

Theclerk shall keep an index to the execution docket showing in separate columnsthe names of all parties against whom and in whose favor an execution has beenissued, the number of the execution and the number of the action upon theappearance docket.

 

ARTICLE 4 - PROCEEDINGS IN AID OF EXECUTION

 

1-17-401. Action against equitable assets.

 

Anyequitable interests the judgment debtor has as mortgagor, mortgagee orotherwise, or any interest he has in any joint stock company, money contract,claim or chose in action due or to become due to him, or in any judgment ororder, or any money, goods or effects which he has in the possession of anyperson, which has not been levied upon and sold under execution is subject tothe payment of the judgment by action.

 

1-17-402. Discovery in aid of execution.

 

(a) At any time after entry of judgment, the judgment creditormay obtain discovery by interrogatories, depositions or otherwise, from anyperson, including the judgment debtor, in accordance with the Wyoming Rules ofCivil Procedure.

 

(b) A person served with notice of discovery under this sectionshall hold for the benefit of the judgment creditor from the time of service all property, money and credits in his hands belonging to the judgment debtoror due to him.

 

1-17-403. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-404. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-405. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-406. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-407. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-408. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-409. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-410. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-411. Order for satisfaction of judgment; request for a hearing.

 

Followingan examination as provided by W.S. 1-17-402 through 1-17-418, the court may orderany property of the judgment debtor not exempt by law, to be applied toward thesatisfaction of a judgment. Upon seizure of his property, a judgment debtor mayrequest a hearing pursuant to W.S. 1-17-102.

 

1-17-412. Appointment of receiver; control of property.

 

Thecourt may appoint the sheriff of the proper county or other suitable person asreceiver of the property of the judgment debtor, and may forbid a transfer orother disposition of or interference with the property of the judgment debtor,not exempt by law.

 

1-17-413. Appointment of sheriff or another as receiver.

 

Ifthe sheriff is appointed receiver, he and his sureties are liable on hisofficial bond as receiver. If another person is appointed, he shall take anoath and bond as in other cases.

 

1-17-414. Sale of judgment debtor's equitable or other interest inrealty.

 

Ifit appears that the judgment debtor has an interest in real estate in thecounty in which proceedings are had, as mortgagor, mortgagee or otherwise, andhis interest can be ascertained as between himself and any person holding thelegal estate or having a lien or interest therein, without controversy, thereceiver may be ordered to sell and convey the real estate, or the interest ofthe debtor. The sale shall be conducted as provided for the sale of real estateupon execution, and before execution of the deed, the proceedings of sale shallbe approved by the court in which the judgment was rendered or the transcriptfiled.

 

1-17-415. Filing of orders.

 

Allorders of the court issued pursuant to this article shall be filed with theclerk of the district court of the county in which the judgment is rendered.The clerk shall enter on the execution docket the time of filing the judgmentor transcript.

 

1-17-416. Costs.

 

Thejudge shall allow to clerks, sheriffs, referees, receivers and witnessescompensation allowed for like services in other cases, to be taxed as costs andshall enforce the collection thereof from the party or parties liable forpayment.

 

1-17-417. Lien on debtor vendee's interest in personalty; interestdefined.

 

Anattaching or judgment creditor of a vendee in a sale, contract or lease whereinthe transfer of title or ownership of personal property is contingent upon anycondition, has a lien upon the personal property to the extent of the interestof the vendee therein. For the purposes of W.S. 1-17-417 and 1-17-418, theinterest of the vendee is the amount which the personal property will bring atany judicial sale, over and above any sums then unpaid to the vendor in thesale, contract or lease.

 

1-17-418. Lien on debtor vendee's interest in personalty; manner andeffect of sale.

 

Whenany personal property is attached or levied upon under execution, the judgmentcreditor shall pay the amount then due the vendor or the assignee of vendorunder the sale, contract or lease, and proceed to sell the personal propertythe same as if title and ownership were in the vendee. If the judgment creditorelects to pay the vendor or assignee of vendor, the bill of sale of the sheriffor person selling under execution shall convey to the purchaser at theexecution sale all of the right, title and interest of the vendor to thepersonal property.

 

ARTICLE 5 - GARNISHMENT

 

1-17-501. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-502. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-503. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-504. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-505. Repealed by Laws 1987, ch. 198, 4.

 

 

ARTICLE 6 - EXECUTION AGAINST THE PERSON; ATTACHMENT OF PERSON

 

1-17-601. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-602. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-603. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-604. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-605. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-606. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-607. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-608. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-609. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-610. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-611. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-612. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-613. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-614. Repealed by Laws 1988, ch. 37, 3.

 

 

ARTICLE 7 - ENFORCEMENT OF FOREIGN JUDGMENTS

 

1-17-701. Short title.

 

Thisact means W.S. 1-17-701 through 1-17-707 and may be cited as the UniformEnforcement of Foreign Judgments Act.

 

1-17-702. "Foreign judgment" defined.

 

Inthis act, "foreign judgment" means any judgment, decree, or order ofa court of the United States or of any other court which is entitled to fullfaith and credit in this state.

 

1-17-703. Filing of foreign judgment; effect of filing.

 

Inorder for a foreign judgment to have the same effect as a judgment of adistrict court of this state, a copy of any foreign judgment authenticated inaccordance with an act of Congress or the statutes of this state shall be filedin the office of the clerk of any district court and any county clerk of thisstate. The clerk of court shall treat the foreign judgment as a judgment of thedistrict court of this state notwithstanding the amount of the judgment or thatthe action giving rise to the judgment, if initiated in this state, would bewithin the jurisdiction of a minor court. A judgment so filed has the same effectand is subject to the same procedures, defenses and proceedings for reopening,vacating or staying as a judgment of a district court of this state and may beso enforced or satisfied.

 

1-17-704. Affidavit required; notice of filing; execution.

 

Atthe time of filing a foreign judgment, the judgment creditor or his attorneyshall file with the clerk of court an affidavit setting forth the name and lastknown mailing address of the judgment debtor, and the judgment creditor. Theclerk shall promptly mail notice of the filing of the foreign judgment to thejudgment debtor at the address given and shall make a note of the mailing inthe docket. The notice shall include the name and mailing address of thejudgment creditor and the judgment creditor's attorney, if any, in this state.The judgment creditor may mail a notice of the filing of the judgment to thejudgment debtor and may file proof of mailing with the clerk. Lack of notice offiling by the clerk shall not affect the enforcement proceedings if proof ofmailing by the judgment creditor has been filed. An execution or other processfor enforcement of a foreign judgment shall not issue until five (5) days afterthe date the judgment is filed.

 

1-17-705. Stay of enforcement.

 

Ifthe judgment debtor shows the court that an appeal from the foreign judgment ispending or will be taken, or that a stay of execution has been granted, andupon proof that the judgment debtor has furnished the security for satisfactionof the judgment required by the law of the state where it was rendered, thecourt shall stay enforcement of the foreign judgment until the appeal isconcluded, the time for appeal expires, or until the stay of execution expiresor is vacated. If the judgment debtor shows the court any ground upon whichenforcement of a judgment of the court of this state would be stayed, the courtshall stay enforcement of the foreign judgment for an appropriate period, uponrequiring the security for satisfaction of the judgment which is required inthis state.

 

1-17-706. Fees.

 

Anyperson filing a foreign judgment shall pay to the clerk of court the fee forfiling instruments in a civil action under W.S. 5-3-206(a)(i). Fees fordocketing, transcription or other enforcement proceedings shall be the same asfor judgments of the courts of this state.

 

1-17-707. Right of action unimpaired.

 

Theright of a judgment creditor to bring an action to enforce his judgment in theappropriate court in this state instead of proceeding under this act remainsunimpaired.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter17

CHAPTER 17 - ENFORCEMENT OF JUDGMENTS

 

ARTICLE 1 - EXECUTIONS DEFINED AND CLASSIFIED; HEARING

 

1-17-101. Execution defined; issuance; kinds.

 

(a) An execution is a process of the court issued by the clerkand directed to the sheriff of the county. Executions may be issued to thesheriffs of different counties at the same time.

 

(b) Executions are of two (2) kinds:

 

(i) Against the property of the judgment debtor, includingorders of sale; and

 

(ii) For the delivery of the possession of real property inwhich case the writ shall contain a specific description of the property and acommand to the officer to whom the writ is delivered to deliver the property tothe person entitled to it. The writ may also require the officer to recoverdamages for withholding possession and costs, or costs alone, out of theproperty of the person who withholds possession.

 

1-17-102. Request for hearing when property seized under execution.

 

(a) Except as provided in subsection (e) of this section, aperson, other than a corporate entity, against whom a money judgment has beenentered and whose property is seized under execution is entitled to a hearingwithin five (5) days, excluding Saturdays, Sundays and legal holidays, afterthe court receives the person's written request for a hearing to determine ifthe property seized is exempt from execution. The person whose property isseized shall file a written request for a hearing with the clerk of courtwithin ten (10) days after seizure of his property.

 

(b) Except where the judgment is solely against corporateentities, the court shall attach to every money judgment a notice containingthe following information:

 

"Youare informed that since the judgment is entered the prevailing party mayproceed to seize your property, funds or wages by execution or garnishment. Inthat event you may be entitled to the following exemptions:

 

(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) A portion of wages as provided in W.S. 1-15-408, or in thecase of consumer credit sales, leases or loans, as provided by W.S. 40-14-505;

 

(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.

 

To assert your right to any of theforegoing exemptions you shall file a written request with the clerk of courtwithin ten (10) days after seizure of your property, funds or wages. If youfail to make a written request for a hearing and claim one (1) or more of theforegoing exemptions within ten (10) days after seizure of your property, fundsor wages, you may waive or lose your right to claim the exemptions."

 

(c) The notice provided in this section shall be sent to thelast known address of the judgment debtor by the clerk of court upon therequest of any person before any property of the judgment debtor is seized byexecution or garnishment.

 

(d) A copy of the money judgment together with the exemptioninformation shall be transmitted by the court by first class United Statesmail, with the postage prepaid in envelopes furnished and properly addressed bythe prevailing party.

 

(e) Notwithstanding any other provision of this section, ajudgment debtor who is served with a writ of continuing garnishment under W.S.1-15-506 shall file objections to the continuing garnishment and receive ahearing on his objections as provided by W.S. 1-15-507 and 1-15-508.

 

ARTICLE 2 - STAY OF EXECUTION

 

1-17-201. Right to stay; procedure.

 

(a) When judgment has been rendered in any district courtagainst any person for the recovery of money or sale of property he may have astay of execution as provided by the Wyoming Rules of Civil Procedure, exceptthat a supersedeas bond to be furnished in order to stay the execution of anyjudgment under this section or under W.S. 1-17-210 during the entire course ofappellate review shall not, regardless of amount of the judgment, exceed twomillion dollars ($2,000,000.00) in any action in which all appellants areeither individuals or have fifty (50) or fewer employees, or twenty-fivemillion dollars ($25,000,000.00) in any other action; provided, however:

 

(i) That if an appellee proves by a preponderance of theevidence that an appellant is dissipating assets which may affect the ultimatepayment of all or any portion of the judgment, the district court, upon motionand hearing, may require the appellant to post a bond in an amount up to theamount of the judgment; or

 

(ii) That an appellee of a judgment to pay taxes or liens to thestate of Wyoming shall post a bond in an amount not less than the full amountof the judgment plus interest and costs of the appeal, unless otherwiseordered, as provided in Rule 4.02(b) of the Wyoming Rules of AppellateProcedure.

 

1-17-202. Notice to sheriff; relinquishment of property.

 

(a) When the bond is entered after execution is issued, theclerk shall immediately notify the sheriff and he shall forthwith return theexecution, noting his actions thereon.

 

(b) All property levied on before the stay of execution and allwritten undertakings for the delivery of personal property to the sheriff shallbe relinquished by the officer upon bond for the stay of execution beingentered.

 

1-17-203. Effect of recognizance.

 

Everyrecognizance of surety taken as provided shall have the effect of a judgmentconfessed from the date taken against the person and property of the surety.

 

1-17-204. Execution at expiration of stay.

 

Atthe expiration of the stay the clerk shall issue a joint execution against theproperty of all the judgment debtors and sureties, but the sheriff shall firstlevy upon the property of the judgment defendant if sufficient property can befound. If not found, he shall without delay levy the execution upon theproperty of the original judgment debtor subject to the execution which can befound in the county.

 

1-17-205. No stay on "not repleviable" judgments.

 

Astay of execution shall not be allowed upon any judgment recovered against anyperson or surety for money received in a fiduciary capacity or for a breach ofany official duty. The clerk shall issue executions upon the judgmentsimmediately, returnable in ninety (90) days, endorsed "Notrepleviable" and the judgment shall so order.

 

1-17-206. No stay where sureties object; exception.

 

Whena court renders judgment against two (2) or more persons, any of whom aresureties for another in the contract on which the judgment is founded, thereshall be no stay of execution on the judgment if the sureties object at thetime of rendering the judgment unless the surety for the stay of execution willundertake specially to pay the judgment in case the amount cannot be levied ofthe principal defendant.

 

1-17-207. Execution upon affidavit of surety; generally.

 

Anysurety for the stay of execution may file with the clerk an affidavit statingthat he believes he will be liable for the judgment with interest and coststhereon unless execution issues immediately, and the clerk shall issueexecution immediately unless other sufficient surety is entered before theclerk or sheriff as in other cases.

 

1-17-208. Execution upon affidavit of surety; effect of new surety.

 

Ifother sufficient surety is entered, it shall have the force of the originalsurety entered before the filing of the affidavit and shall discharge theoriginal surety.

 

1-17-209. Time of stay excluded for execution.

 

Thetime during which any judgment is stayed shall not be included in the periodduring which the judgment creditor shall cause execution to be issued andlevied in order to preserve his lien on the property of the debtor as againstother judgment creditors.

 

1-17-210. Stay on appeal.

 

Executionof a judgment or final order, other than those enumerated in W.S. 1-17-201, ofany judicial tribunal, or the levy or collection of any tax or assessmenttherein litigated, may be stayed on such terms as may be prescribed by thecourt in which the appeal is filed.

 

ARTICLE 3 - LIEN OF JUDGMENT AND ENFORCEMENT BY EXECUTION

 

1-17-301. Property subject to execution.

 

Exceptfor property exempt by law, all property of the judgment debtor, both real andpersonal or any legal or equitable interest therein including any interest ofthe judgment debtor in mortgaged property or property being sold under anexecutory land contract, is subject to execution.

 

1-17-302. When lien attaches to property; generally.

 

Thelands and tenements within the county in which judgment is entered are boundfor the satisfaction thereof from the day the judgment is filed with the countyclerk. Whenever a judgment is required to be filed with the county clerk, itshall be recorded in the real estate records. Goods and chattels of the debtorare bound from the time they are seized in execution.

 

1-17-303. When lien attaches to property; judgment of supreme court.

 

Ajudgment of the supreme court for money binds the lands and tenements of thedebtor within the county in which the suit originated from the day the judgmentis filed with the county clerk. Whenever a judgment is required to be filedwith the county clerk, it shall be recorded in the real estate records. Goodsand chattels of the debtor are bound from the time they are seized inexecution. The lien of a judgment of the district court which is appealed tothe supreme court shall not be divested or vacated, but shall continue untilthe final determination of the action in the supreme court.

 

1-17-304. Recording lien on real estate in other counties.

 

Thejudgment creditor in any judgment rendered by any district court in this state,or in any judgment rendered in a circuit court of this state and filed in thejudgment record of the district court, may file a transcript of the judgmentrecord of the district court with the clerk of the district court and thecounty clerk in any other counties within this state where the judgment debtorowns real estate. The judgment is a lien upon all real estate of the judgmentdebtor in any county in which the transcript is filed with the clerk ofdistrict court and the county clerk from the date of filing with the countyclerk. The clerk of the district court of any county in which the transcriptis filed shall enter the judgment upon the judgment records of the court in thesame manner as judgments are rendered in that court.

 

1-17-305. Lien of judgments of federal courts.

 

(a) Judgments and decrees entered in any United States districtcourt or circuit court held within this state are a lien against the lands andtenements of the person against whom the judgment or decree is rendered,situated within the county where the judgment or decree is entered, from theday the judgment is filed with the county clerk.

 

(b) The judgment creditor in any judgment or decree rendered inany United States district court within this state may file a transcript of thejudgment record in the office of the clerk of any Wyoming district court andthe county clerk in any counties in the state of Wyoming where the judgmentdebtor owns real estate.

 

(c) The clerk of the district court of any county in which thetranscript is filed shall enter the judgment upon the judgment records of thecourt in the same manner as judgments rendered in that court.

 

(d) The judgment or decree is a lien upon all the real estateof the judgment debtor in the county or counties where the transcript is filedwith the clerk of district court and the county clerk from the date of filingwith the county clerk.

 

1-17-306. Lien of judgments of circuit courts.

 

(a) The party in whose favor a judgment is rendered by acircuit court if the judgment is not appealed or stayed, may file with theclerk of the district court and the county clerk of the county in which thejudgment was rendered a transcript thereof, certifying therein the amount paidthereon, if any. The clerk of court shall enter the case on the executiondocket, together with the amount of the judgment and the time of filing thetranscript with the county clerk. If within ten (10) days after the judgmentwas rendered, the judgment debtor pays the same or gives bond for stay ofexecution, the justice shall immediately certify that fact to the clerk of thedistrict court and the county clerk. The district court clerk shall enter amemorandum thereof upon the docket. The cost of the transcript, the filing,recording and the entry on the docket shall be paid by the party who files andrecords the transcript and not be taxed to the other party.

 

(b) The judgment shall be a lien on the real estate of thejudgment debtor within the county from the day the transcript is filed with thecounty clerk provided the transcript has also been filed previously or thatsame day with the clerk of district court.

 

(c) Execution may be issued on the judgment at any time afterfiling the transcript as if the judgment had been rendered in the districtcourt.

 

1-17-307. When judgment becomes dormant.

 

Ifexecution on a judgment rendered in any court of record in this state or atranscript of which has been filed as provided in W.S. 1-17-306(a) is notissued within five (5) years from date of the judgment or if five (5) yearsintervene between the date the last execution issued on the judgment and thetime of issuing another execution thereon, the judgment is dormant and ceasesto operate as a lien on the estate of the judgment debtor.

 

1-17-308. Writs of execution; generally.

 

(a) The writ of execution against the property of the judgmentdebtor issuing from any court of record shall command the officer to whom it isdirected that he shall collect the money specified in the writ from the realand personal property of the debtor.

 

(b) An execution issued on a judgment rendered against apartnership by its firm name shall operate only on the partnership property.

 

(c) The amount of the debt, damages and costs for which thejudgment is entered shall be endorsed on the execution.

 

1-17-309. Writs of execution; preferences.

 

Theofficer shall endorse on every writ of execution the time when he received it. When two (2) or more writs of execution against the same debtor are deliveredto the officer on the same day, no preference shall be given to either of thewrits. If a sufficient sum of money is not made to satisfy all executions, theamount made shall be distributed to the several creditors in proportion to theamount of their respective demands. In all other cases the writ of executionfirst delivered to the officer shall be first satisfied. This section shall notaffect any preferable lien which a judgment on execution issued has on thelands of the judgment debtor.

 

1-17-310. Writs of execution; levy.

 

Theofficer to whom a writ of execution is delivered shall proceed immediately tolevy the writ upon the real and personal property of the debtor.

 

1-17-311. Bond for future delivery of property; failure to perform.

 

Whenan officer levies an execution upon any goods and chattels which afterwardsremain unsold for any reasonable cause, the officer may for his own security,take a bond from the defendant, with security he deems sufficient to the effectthat the property shall be delivered to the officer holding the execution forthe sale of same at the time and place appointed by the officer, either bynotice given in writing to the defendant in execution or by advertisementprinted in a newspaper published in the county, naming the day and place ofsale. If the defendant fails to deliver the goods and chattels at the time andplace mentioned in the notice or to pay to the officer holding the executionthe full value of the goods and chattels or the amount of the debt and costs,the bond shall be considered broken and may be proceeded on as in other cases.

 

1-17-312. Notice of execution sale.

 

Unlessa private sale is ordered as provided in W.S. 1-17-314, the officer who leviesexecution upon goods and chattels, shall cause public notice to be given of thetime and place of sale at least ten (10) days before the day of sale. Thenotice shall be given by advertisement in a newspaper published in the countyor, if no newspaper is published therein, then in a newspaper of generalcirculation in the county.

 

1-17-313. Alias execution.

 

Whengoods and chattels levied upon by execution cannot be sold for want of biddersor want of time, the officer who makes the return shall annex to the executiona true inventory of the goods and chattels remaining unsold. The plaintiff inexecution may have another execution issued, directing the sale of the propertylevied upon, but the goods and chattels shall not be sold unless the time andplace of sale is advertised as directed in W.S. 1-17-312.

 

1-17-314. Sale to be at public auction; when private sale authorized.

 

Thecourt from which an execution or order of sale issues, on application of eitherparty with due notice to the adverse party and for good cause, may order theofficer holding the process to sell the goods and chattels at private sale forcash, specifying the time during which the sale will continue but not extendingbeyond the return day of the process. Before a private sale is made, the courtshall order the personal property appraised by three (3) disinterested personsand the property shall not be sold for less than two-thirds (2/3) of theappraised value. Except when a private sale is ordered for good cause, allsales of goods and chattels shall be at public auction.

 

1-17-315. Additional levy.

 

Whena writ is issued directing the sale of property previously taken in execution,the officer who issues the writ, if requested, shall add thereto a command tothe officer to whom the writ is directed that if the unsold property remainingin his hands is insufficient to satisfy the judgment, he shall levy the sameupon lands and tenements or goods and chattels of the judgment debtor, as thelaw permits, sufficient to satisfy the debt.

 

1-17-316. Appraisement of real property required; exception.

 

(a) The officer who levies execution upon real property shall designate a qualified appraiser or three (3) disinterested property owners whoare residents of the county where the lands taken in execution are situate andadminister to the appraiser or to the property owners an oath to view andimpartially appraise the value of the property levied upon or any interest ofthe judgment debtor. The appraiser or the property owners shall return to theofficer as soon as possible a signed estimate of the appraised value.

 

(b) When the officer receives the return, he shall promptly deposita copy with the clerk of the court from which the writ issued and immediatelyadvertise and sell the real estate or the judgment debtor's interest asprovided by law.

 

(c) If upon the return it appears that two-thirds (2/3) of theappraised value of the judgment debtor's interest in the real estate leviedupon is sufficient to satisfy the execution with costs, the judgment on whichthe execution is issued shall not operate as a lien on the residue of thedebtor's estate to the prejudice of any other judgment creditor. Except asexpressly authorized by law, no real estate shall be sold for less thantwo-thirds (2/3) of the appraised value of the judgment debtor's interest inthe property.

 

(d) All lands the property of persons indebted to the state forany debt or taxes, except for loans authorized by the legislature, shall besold without appraisal notwithstanding any other provision of law.

 

1-17-317. Official property sold without valuation.

 

Theproperty of any state, county or municipal officer levied on for or on accountof any money collected or received by him in his official capacity may be soldwithout valuation.

 

1-17-318. Return on execution; record.

 

Thesheriff shall endorse his actions on the writ. Immediately upon return of the writ,the clerk shall record at length in the execution docket or other docketprovided for the purpose all such endorsements and the record shall be a partof the court record.

 

1-17-319. Disposition of nonrealty proceeds.

 

Ifthe sheriff collects any part of a judgment by virtue of an execution withoutthe sale of real estate, he shall pay the same to the judgment creditor or hisattorney. If the execution is fully satisfied, he shall return it within three(3) days after he has collected the money.

 

1-17-320. Failure of realty purchaser to pay.

 

Uponnotice and motion of the officer who makes the sale or of an interested party,the court from which any execution or order of sale issues shall punish as forcontempt any purchaser of real property who willfully fails to pay the purchasemoney.

 

1-17-321. Confirmation of sale of realty and order for deed;disposition of proceeds.

 

Ifupon return of any writ of execution for the satisfaction of which lands andtenements have been sold, it is found by the court that the sale was made inall respects in conformity with the code of civil procedure [this title], theclerk shall be directed to make an entry in the journal that the court issatisfied with the legality of the sale and that the officer, upon expirationof the period of redemption, shall make a deed to the purchaser for the landsand tenements. The officer may retain the purchase money until the courtexamines his proceedings. He shall then pay the money to the persons entitledas the court may order.

 

1-17-322. Conveyance of realty by master commissioner.

 

Amaster commissioner, upon order by the court, may convey real property when aparty to a proceeding has been ordered to convey the property to another andfails or refuses to obey the order. The master commissioner may also execute aconveyance when specific real property is sold by him under an order orjudgment of the court.

 

1-17-323. Administering of oaths; sheriff as commissioner; sales bymaster.

 

Amaster commissioner or special master who sells real property has the samepower to administer oaths as the sheriff. A sheriff may act as a mastercommissioner and, upon notice and for reasonable compensation to be paid by themaster commissioner out of his fees, may attend and make sale for anycommissioner who, by reason of sickness is unable to attend. Sales made by amaster shall conform in all respects to the laws regulating sales of lands uponexecution.

 

1-17-324. Effect of deed.

 

Thedeed is prima facie evidence of the legality and regularity of the sale and theentire estate and interest of the person whose property the officer sells andconveys shall thereby rest in the purchaser, whether that interest existed atthe time the property became liable to satisfy the judgment, or was acquiredsubsequently.

 

1-17-325. Printer's fees for notice.

 

Theofficer who makes a levy or holds an order of sale may demand of the plaintiffthe fees of the printer for publishing the notice and the officer is notrequired to make publication until the fees are paid.

 

1-17-326. Where realty sold; certain purchases void.

 

Allsales of lands or tenements under execution or order of sale shall be held atthe courthouse in the county in which the lands and tenements are situated,unless otherwise ordered by the court. Purchases of real or personal propertyby the officer making sale or by an appraiser of the property are void.

 

1-17-327. Alias executions against realty.

 

Iflands and tenements levied on or ordered sold are not sold upon one (1)execution, other executions may be issued.

 

1-17-328. Separate levies on separate parcels of land.

 

(a) When two (2) or more executions having differentpreferences are to be satisfied by levying upon real estate, either judgmentcreditor may require the officer to make a separate levy for his execution. Theofficer levying the executions may choose such part of the debtor's realproperty as is sufficient, at two-thirds (2/3) of the appraised value of thejudgment debtor's interest, to satisfy the executions.

 

(b) When two (2) or more executions having no preference as toeach other are to be satisfied by levying upon real property, either judgmentcreditor may require the officer to levy upon separate parcels if theappraisers determine that the property may be divided without material injury.

 

(c) If two-thirds (2/3) of the appraised value of the judgmentdebtor's interest in real property is not sufficient to satisfy all theexecutions chargeable against it, that part of the property shall be levied onto satisfy each execution as will bear the same proportion in value to thewhole as the amount due on the execution bears to the amount of all theexecutions chargeable thereon, as near as may be, according to the appraisedvalue of the judgment debtor's interest in each separate parcel.

 

1-17-329. Certificate or deed by successor officer.

 

Ifthe term of the officer who makes a sale of any lands and tenements expires, orhe is unable from any cause to make a certificate of sale or a deed ofconveyance of the property sold, any successor of the officer on receiving acertificate from the court from which execution issued setting forth thatsufficient proof has been made that the sale was fairly and legally made, andon tender or proof of payment of the purchase money, may execute to thepurchaser or his legal representatives a certificate of sale or a deed ofconveyance of the lands and tenements sold. The certificate or deed shall be asvalid in law as if the officer who made the sale had executed it.

 

1-17-330. Disposition of surplus proceeds.

 

Ifthere remains in the hands of the officer after an execution sale more moneythan necessary to satisfy the writ of execution with interest and costs, theofficer shall pay the balance to the defendant in execution or his legalrepresentatives.

 

1-17-331. Effect of reversal of judgment.

 

Ifa judgment in satisfaction of which lands or tenements are sold is thereafterreversed, the reversal shall not affect the title of the purchaser, but thejudgment creditor shall make restitution of the money received from the salewith lawful interest from the day of sale.

 

1-17-332. Rights of purchaser where sale invalid.

 

(a) If the title of the purchaser is invalid by reason of aprocedural defect in the sale of property on execution, the purchaser issubrogated to the right of the creditor against the debtor to the extent of themoney paid and applied to the debtor's benefit, and shall have a lien thereforon the property sold as against all persons except bona fide purchasers withoutnotice. The creditor is not required to refund the purchase money by reason ofthe invalidity of any such sale.

 

(b) This section applies to all sales by order of court, salesby executors, administrators, guardians and assignees and to all sales fortaxes.

 

1-17-333. Sale of wrong property; vacation of satisfaction.

 

Whena plaintiff in execution, in good faith, has had a levy of execution and saleof property not subject thereto, with the proceeds applied on his judgment, anda recovery therefor has been had against him by the owner of the property, theplaintiff, having paid the amount so recovered, on motion and notice to thejudgment defendant, in the court having control of the judgment, may have thesatisfaction made from the sale on execution vacated and is entitled to collectthe judgment.

 

1-17-334. Sale of wrong property; remedy of levying officer.

 

Whenan officer levies execution in good faith, upon property not subject thereto,sells the property and applies the proceeds in satisfaction of the judgment,and a recovery is had against him for its value, upon payment of the recoveryand on motion and notice to the execution defendant in the court having controlof the judgment, the officer may have the satisfaction of the judgment vacatedand execution issued for his use the same as if the levy and sale had not beenmade.

 

1-17-335. Sale of wrong property; rights of defendant and surety.

 

Whena defendant in a judgment or his surety mistakenly directs an execution issuedon the judgment to be levied on property not liable to execution, and therebywholly or partially satisfies the judgment, he may be compelled to pay theowner of the property therefor. Thereafter, he shall have the same rightsagainst any codefendant in the judgment and against any cosurety or principalin respect of the debts on which the judgment is founded as though thesatisfaction had been made out of the property of the defendant or suretydirecting the levy.

 

1-17-336. When judgment loses preference; lien to continue for a year.

 

Ajudgment on which execution is not levied before the expiration of one (1) yearafter its rendition shall not operate as a lien on the estate of a debtor. Whenjudgment is rendered in the district or supreme court and a special mandate isawarded to the district court to carry the same into execution, the lien of thejudgment creditor shall continue for one (1) year after the mandate is filedwith the county clerk. The special mandate shall be entered on the journal ofthe district court before being filed with the county clerk. In computing theperiod of one (1) year, the time covered by an appeal of the case, by aninjunction against the execution, by a vacancy in the office of sheriff or bythe inability of the officer, shall be excluded.

 

1-17-337. New appraisement of realty or execution; direction of saleprice by court.

 

Whenreal estate taken on execution is appraised and is twice advertised and offeredfor sale but remains unsold for lack of bidders, the court from which the executionissued on motion of the plaintiff or defendant shall set aside the appraisementand order a new appraisement to be made, or set aside the levy and appraisementand award a new execution to issue. When the real estate or any part thereofhas been three (3) times appraised and thereafter twice advertised and offeredfor sale, and remains unsold for lack of bidders, the court may direct theamount for which the property shall be sold.

 

1-17-338. Court order to sell land on time; terms of sale.

 

Whenpremises are ordered to be sold and having been twice advertised and offeredfor sale remain unsold for lack of bidders, on motion of the plaintiff ordefendant the court from which the order of sale issued shall order a newappraisement, and may also order that the land be sold on time with one-third(1/3) cash in hand, one-third (1/3) in nine (9) months from the day of sale,and the remaining one-third (1/3) in eighteen (18) months from the day of sale.Deferred payments shall draw interest and be secured by a mortgage on thepremises.

 

1-17-339. Return of execution.

 

Theofficer to whom a writ of execution is directed shall return the writ to thecourt within sixty (60) days from the date thereof.

 

1-17-340. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-341. Appraiser's fees.

 

Each appraiser of real estate under W.S.1-17-301 through 1-17-345, other than qualified appraisers, shall receive three dollars ($3.00) per day and one dollar and fifty cents ($1.50) per halfday for his services, to be collected on the execution. Qualified appraisers soacting shall receive a reasonable fee to be collected on the execution.

 

1-17-342. Return of execution to another county by mail.

 

Whenexecution is issued to the sheriff of another county, and the sheriff, havingdischarged all the duties required of him by law, returns the execution by mailto the clerk of the court who issued it soon enough to have reached the officewhere it was issued within the time prescribed by law, he is not liable for anypenalty if it does not reach the office in time.

 

1-17-343. Forwarding of money by mail.

 

Asheriff shall not forward by mail any money made on execution unless he isspecially instructed to do so by the plaintiff, his agent or attorney.

 

1-17-344. Execution docket; entries.

 

Theclerk of the district court shall enter in the execution docket the full namesof the parties to the action in which an execution is issued, the number of theaction in the appearance docket, the number of the execution, the date of itsissue, the amount of the judgment, the costs due each person or officer, thetime when the judgment was rendered, the date of the return and the returnrecorded in full.

 

1-17-345. Execution docket; index.

 

Theclerk shall keep an index to the execution docket showing in separate columnsthe names of all parties against whom and in whose favor an execution has beenissued, the number of the execution and the number of the action upon theappearance docket.

 

ARTICLE 4 - PROCEEDINGS IN AID OF EXECUTION

 

1-17-401. Action against equitable assets.

 

Anyequitable interests the judgment debtor has as mortgagor, mortgagee orotherwise, or any interest he has in any joint stock company, money contract,claim or chose in action due or to become due to him, or in any judgment ororder, or any money, goods or effects which he has in the possession of anyperson, which has not been levied upon and sold under execution is subject tothe payment of the judgment by action.

 

1-17-402. Discovery in aid of execution.

 

(a) At any time after entry of judgment, the judgment creditormay obtain discovery by interrogatories, depositions or otherwise, from anyperson, including the judgment debtor, in accordance with the Wyoming Rules ofCivil Procedure.

 

(b) A person served with notice of discovery under this sectionshall hold for the benefit of the judgment creditor from the time of service all property, money and credits in his hands belonging to the judgment debtoror due to him.

 

1-17-403. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-404. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-405. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-406. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-407. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-408. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-409. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-410. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-411. Order for satisfaction of judgment; request for a hearing.

 

Followingan examination as provided by W.S. 1-17-402 through 1-17-418, the court may orderany property of the judgment debtor not exempt by law, to be applied toward thesatisfaction of a judgment. Upon seizure of his property, a judgment debtor mayrequest a hearing pursuant to W.S. 1-17-102.

 

1-17-412. Appointment of receiver; control of property.

 

Thecourt may appoint the sheriff of the proper county or other suitable person asreceiver of the property of the judgment debtor, and may forbid a transfer orother disposition of or interference with the property of the judgment debtor,not exempt by law.

 

1-17-413. Appointment of sheriff or another as receiver.

 

Ifthe sheriff is appointed receiver, he and his sureties are liable on hisofficial bond as receiver. If another person is appointed, he shall take anoath and bond as in other cases.

 

1-17-414. Sale of judgment debtor's equitable or other interest inrealty.

 

Ifit appears that the judgment debtor has an interest in real estate in thecounty in which proceedings are had, as mortgagor, mortgagee or otherwise, andhis interest can be ascertained as between himself and any person holding thelegal estate or having a lien or interest therein, without controversy, thereceiver may be ordered to sell and convey the real estate, or the interest ofthe debtor. The sale shall be conducted as provided for the sale of real estateupon execution, and before execution of the deed, the proceedings of sale shallbe approved by the court in which the judgment was rendered or the transcriptfiled.

 

1-17-415. Filing of orders.

 

Allorders of the court issued pursuant to this article shall be filed with theclerk of the district court of the county in which the judgment is rendered.The clerk shall enter on the execution docket the time of filing the judgmentor transcript.

 

1-17-416. Costs.

 

Thejudge shall allow to clerks, sheriffs, referees, receivers and witnessescompensation allowed for like services in other cases, to be taxed as costs andshall enforce the collection thereof from the party or parties liable forpayment.

 

1-17-417. Lien on debtor vendee's interest in personalty; interestdefined.

 

Anattaching or judgment creditor of a vendee in a sale, contract or lease whereinthe transfer of title or ownership of personal property is contingent upon anycondition, has a lien upon the personal property to the extent of the interestof the vendee therein. For the purposes of W.S. 1-17-417 and 1-17-418, theinterest of the vendee is the amount which the personal property will bring atany judicial sale, over and above any sums then unpaid to the vendor in thesale, contract or lease.

 

1-17-418. Lien on debtor vendee's interest in personalty; manner andeffect of sale.

 

Whenany personal property is attached or levied upon under execution, the judgmentcreditor shall pay the amount then due the vendor or the assignee of vendorunder the sale, contract or lease, and proceed to sell the personal propertythe same as if title and ownership were in the vendee. If the judgment creditorelects to pay the vendor or assignee of vendor, the bill of sale of the sheriffor person selling under execution shall convey to the purchaser at theexecution sale all of the right, title and interest of the vendor to thepersonal property.

 

ARTICLE 5 - GARNISHMENT

 

1-17-501. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-502. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-503. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-504. Repealed by Laws 1987, ch. 198, 4.

 

 

1-17-505. Repealed by Laws 1987, ch. 198, 4.

 

 

ARTICLE 6 - EXECUTION AGAINST THE PERSON; ATTACHMENT OF PERSON

 

1-17-601. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-602. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-603. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-604. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-605. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-606. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-607. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-608. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-609. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-610. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-611. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-612. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-613. Repealed by Laws 1988, ch. 37, 3.

 

 

1-17-614. Repealed by Laws 1988, ch. 37, 3.

 

 

ARTICLE 7 - ENFORCEMENT OF FOREIGN JUDGMENTS

 

1-17-701. Short title.

 

Thisact means W.S. 1-17-701 through 1-17-707 and may be cited as the UniformEnforcement of Foreign Judgments Act.

 

1-17-702. "Foreign judgment" defined.

 

Inthis act, "foreign judgment" means any judgment, decree, or order ofa court of the United States or of any other court which is entitled to fullfaith and credit in this state.

 

1-17-703. Filing of foreign judgment; effect of filing.

 

Inorder for a foreign judgment to have the same effect as a judgment of adistrict court of this state, a copy of any foreign judgment authenticated inaccordance with an act of Congress or the statutes of this state shall be filedin the office of the clerk of any district court and any county clerk of thisstate. The clerk of court shall treat the foreign judgment as a judgment of thedistrict court of this state notwithstanding the amount of the judgment or thatthe action giving rise to the judgment, if initiated in this state, would bewithin the jurisdiction of a minor court. A judgment so filed has the same effectand is subject to the same procedures, defenses and proceedings for reopening,vacating or staying as a judgment of a district court of this state and may beso enforced or satisfied.

 

1-17-704. Affidavit required; notice of filing; execution.

 

Atthe time of filing a foreign judgment, the judgment creditor or his attorneyshall file with the clerk of court an affidavit setting forth the name and lastknown mailing address of the judgment debtor, and the judgment creditor. Theclerk shall promptly mail notice of the filing of the foreign judgment to thejudgment debtor at the address given and shall make a note of the mailing inthe docket. The notice shall include the name and mailing address of thejudgment creditor and the judgment creditor's attorney, if any, in this state.The judgment creditor may mail a notice of the filing of the judgment to thejudgment debtor and may file proof of mailing with the clerk. Lack of notice offiling by the clerk shall not affect the enforcement proceedings if proof ofmailing by the judgment creditor has been filed. An execution or other processfor enforcement of a foreign judgment shall not issue until five (5) days afterthe date the judgment is filed.

 

1-17-705. Stay of enforcement.

 

Ifthe judgment debtor shows the court that an appeal from the foreign judgment ispending or will be taken, or that a stay of execution has been granted, andupon proof that the judgment debtor has furnished the security for satisfactionof the judgment required by the law of the state where it was rendered, thecourt shall stay enforcement of the foreign judgment until the appeal isconcluded, the time for appeal expires, or until the stay of execution expiresor is vacated. If the judgment debtor shows the court any ground upon whichenforcement of a judgment of the court of this state would be stayed, the courtshall stay enforcement of the foreign judgment for an appropriate period, uponrequiring the security for satisfaction of the judgment which is required inthis state.

 

1-17-706. Fees.

 

Anyperson filing a foreign judgment shall pay to the clerk of court the fee forfiling instruments in a civil action under W.S. 5-3-206(a)(i). Fees fordocketing, transcription or other enforcement proceedings shall be the same asfor judgments of the courts of this state.

 

1-17-707. Right of action unimpaired.

 

Theright of a judgment creditor to bring an action to enforce his judgment in theappropriate court in this state instead of proceeding under this act remainsunimpaired.

 

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