State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter24

CHAPTER 24 - AMERCEMENT

 

1-24-101. Causes for amercement.

 

(a) On motion in court and notice in writing as provided inW.S. 1-24-102, an officer shall be amerced in the amount of the judgmentincluding costs, and ten percent (10%) thereon for the plaintiff or defendantwhen:

 

(i) An execution or order of sale is directed and delivered tohim to be executed, and he neglects or refuses to execute it;

 

(ii) He neglects or refuses to sell any property which by anywrit or order he is directed to sell;

 

(iii) He fails to call an inquest, or to return to the clerk'soffice a copy of the certificate of inquisition made by the inquest;

 

(iv) He neglects to return to the proper court on or before thereturn day an execution or order of sale directed and delivered to him;

 

(v) He neglects to return a correct inventory of personalproperty taken on execution, unless he returns that the amount of the judgment,including costs, has been paid to him;

 

(vi) He neglects, on demand, to pay to the person entitledthereto, any money collected or received by him for the use of such person, atany time after he collects or receives the same; or

 

(vii) He neglects or refuses to pay to the judgment debtor ondemand all money received by him on any sale made beyond what is sufficient tosatisfy the writ or order of sale, with interest and costs.

 

1-24-102. Notice of motion for amercement.

 

Ifthe officer resides in the county in which the motion is made, the notice shallbe served upon him at least two (2) days before the motion is heard. If he isan officer of another county, the notice shall be served upon him or left athis office at least fifteen (15) days before the motion is heard, or sent tohim by certified mail at least sixty (60) days before the motion is heard.

 

1-24-103. Amercement for failure to serve or return process.

 

Ifan officer fails to execute any summons or other process directed to him, or toreturn the same as required by law, unless he is prevented by unavoidableaccident from doing so, he shall be amerced, upon motion and notice in writingas provided by law in a sum not exceeding one thousand dollars ($1,000.00) andbe liable to the action of any person aggrieved by the failure. He is notliable to an action or amercement for failure to execute any process directedto him from any county other than that in which he was elected unless his feesare deposited with the clerk who issued the process and an endorsement of thatfact is made and subscribed by the clerk on the process at the time of itsissue.

 

1-24-104. Amercement of clerks of court.

 

Ifa clerk of court neglects or refuses on demand to pay to the person entitledthereto any money received by him in his official capacity for the use of thatperson, he may be amerced, on motion and notice as provided by law.

 

1-24-105. Amount of amercement for not paying over money.

 

Whenthe cause of amercement is the refusal to pay over money collected, the officershall not be amerced in a greater sum than the amount withheld, with tenpercent (10%) thereon.

 

1-24-106. Surety of officer may be made party to judgment.

 

Asurety of an officer may be made party to a judgment of amercement against theofficer, but the goods, chattels, lands and tenements of the surety are notliable to execution when sufficient goods, chattels, lands and tenements of theofficer against whom judgment is rendered can be found to satisfy theexecution. Either party may proceed against the officer by attachment.

 

1-24-107. Officer may have execution on original judgment.

 

Ifan officer who is amerced has not collected the amount of the original judgment,he may sue out an execution and collect for his own use the amount of thejudgment, in the name of the original plaintiff.

 

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter24

CHAPTER 24 - AMERCEMENT

 

1-24-101. Causes for amercement.

 

(a) On motion in court and notice in writing as provided inW.S. 1-24-102, an officer shall be amerced in the amount of the judgmentincluding costs, and ten percent (10%) thereon for the plaintiff or defendantwhen:

 

(i) An execution or order of sale is directed and delivered tohim to be executed, and he neglects or refuses to execute it;

 

(ii) He neglects or refuses to sell any property which by anywrit or order he is directed to sell;

 

(iii) He fails to call an inquest, or to return to the clerk'soffice a copy of the certificate of inquisition made by the inquest;

 

(iv) He neglects to return to the proper court on or before thereturn day an execution or order of sale directed and delivered to him;

 

(v) He neglects to return a correct inventory of personalproperty taken on execution, unless he returns that the amount of the judgment,including costs, has been paid to him;

 

(vi) He neglects, on demand, to pay to the person entitledthereto, any money collected or received by him for the use of such person, atany time after he collects or receives the same; or

 

(vii) He neglects or refuses to pay to the judgment debtor ondemand all money received by him on any sale made beyond what is sufficient tosatisfy the writ or order of sale, with interest and costs.

 

1-24-102. Notice of motion for amercement.

 

Ifthe officer resides in the county in which the motion is made, the notice shallbe served upon him at least two (2) days before the motion is heard. If he isan officer of another county, the notice shall be served upon him or left athis office at least fifteen (15) days before the motion is heard, or sent tohim by certified mail at least sixty (60) days before the motion is heard.

 

1-24-103. Amercement for failure to serve or return process.

 

Ifan officer fails to execute any summons or other process directed to him, or toreturn the same as required by law, unless he is prevented by unavoidableaccident from doing so, he shall be amerced, upon motion and notice in writingas provided by law in a sum not exceeding one thousand dollars ($1,000.00) andbe liable to the action of any person aggrieved by the failure. He is notliable to an action or amercement for failure to execute any process directedto him from any county other than that in which he was elected unless his feesare deposited with the clerk who issued the process and an endorsement of thatfact is made and subscribed by the clerk on the process at the time of itsissue.

 

1-24-104. Amercement of clerks of court.

 

Ifa clerk of court neglects or refuses on demand to pay to the person entitledthereto any money received by him in his official capacity for the use of thatperson, he may be amerced, on motion and notice as provided by law.

 

1-24-105. Amount of amercement for not paying over money.

 

Whenthe cause of amercement is the refusal to pay over money collected, the officershall not be amerced in a greater sum than the amount withheld, with tenpercent (10%) thereon.

 

1-24-106. Surety of officer may be made party to judgment.

 

Asurety of an officer may be made party to a judgment of amercement against theofficer, but the goods, chattels, lands and tenements of the surety are notliable to execution when sufficient goods, chattels, lands and tenements of theofficer against whom judgment is rendered can be found to satisfy theexecution. Either party may proceed against the officer by attachment.

 

1-24-107. Officer may have execution on original judgment.

 

Ifan officer who is amerced has not collected the amount of the original judgment,he may sue out an execution and collect for his own use the amount of thejudgment, in the name of the original plaintiff.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter24

CHAPTER 24 - AMERCEMENT

 

1-24-101. Causes for amercement.

 

(a) On motion in court and notice in writing as provided inW.S. 1-24-102, an officer shall be amerced in the amount of the judgmentincluding costs, and ten percent (10%) thereon for the plaintiff or defendantwhen:

 

(i) An execution or order of sale is directed and delivered tohim to be executed, and he neglects or refuses to execute it;

 

(ii) He neglects or refuses to sell any property which by anywrit or order he is directed to sell;

 

(iii) He fails to call an inquest, or to return to the clerk'soffice a copy of the certificate of inquisition made by the inquest;

 

(iv) He neglects to return to the proper court on or before thereturn day an execution or order of sale directed and delivered to him;

 

(v) He neglects to return a correct inventory of personalproperty taken on execution, unless he returns that the amount of the judgment,including costs, has been paid to him;

 

(vi) He neglects, on demand, to pay to the person entitledthereto, any money collected or received by him for the use of such person, atany time after he collects or receives the same; or

 

(vii) He neglects or refuses to pay to the judgment debtor ondemand all money received by him on any sale made beyond what is sufficient tosatisfy the writ or order of sale, with interest and costs.

 

1-24-102. Notice of motion for amercement.

 

Ifthe officer resides in the county in which the motion is made, the notice shallbe served upon him at least two (2) days before the motion is heard. If he isan officer of another county, the notice shall be served upon him or left athis office at least fifteen (15) days before the motion is heard, or sent tohim by certified mail at least sixty (60) days before the motion is heard.

 

1-24-103. Amercement for failure to serve or return process.

 

Ifan officer fails to execute any summons or other process directed to him, or toreturn the same as required by law, unless he is prevented by unavoidableaccident from doing so, he shall be amerced, upon motion and notice in writingas provided by law in a sum not exceeding one thousand dollars ($1,000.00) andbe liable to the action of any person aggrieved by the failure. He is notliable to an action or amercement for failure to execute any process directedto him from any county other than that in which he was elected unless his feesare deposited with the clerk who issued the process and an endorsement of thatfact is made and subscribed by the clerk on the process at the time of itsissue.

 

1-24-104. Amercement of clerks of court.

 

Ifa clerk of court neglects or refuses on demand to pay to the person entitledthereto any money received by him in his official capacity for the use of thatperson, he may be amerced, on motion and notice as provided by law.

 

1-24-105. Amount of amercement for not paying over money.

 

Whenthe cause of amercement is the refusal to pay over money collected, the officershall not be amerced in a greater sum than the amount withheld, with tenpercent (10%) thereon.

 

1-24-106. Surety of officer may be made party to judgment.

 

Asurety of an officer may be made party to a judgment of amercement against theofficer, but the goods, chattels, lands and tenements of the surety are notliable to execution when sufficient goods, chattels, lands and tenements of theofficer against whom judgment is rendered can be found to satisfy theexecution. Either party may proceed against the officer by attachment.

 

1-24-107. Officer may have execution on original judgment.

 

Ifan officer who is amerced has not collected the amount of the original judgment,he may sue out an execution and collect for his own use the amount of thejudgment, in the name of the original plaintiff.

 

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