Title 1 — Title 1 — Code Of Civil Procedure

(a) Applicability. This chapter shall apply to and govern: (i) Attachment, replevin and garnishment proceedings in all district courts and circuit courts of this state; (ii) Post judgment garnishment in small claims proceedings as provided by W.S. 1-21-205.

(a) Definitions. As used in this chapter unless otherwise defined: (i) "Attachment" means the procedure by which a plaintiff obtains a judicial lien on a defendant's property prior to judgment; (ii) "Continuing garnishment" means any procedure for withholding the earnings of a ju…

General procedures relating to prejudgment writs of attachment, replevin and garnishment; issuance of writs without notice. (a) Prejudgment writs of attachment, replevin and garnishment shall be issued subject to the following conditions and circumstances: (i) The writ shall issu…

Prejudgment writs; bond required; objection to plaintiff's sureties; hearing on objections; liability of sureties. (a) No prejudgment writ of attachment, replevin or garnishment shall issue unless the plaintiff files with the clerk a surety bond in an amount fixed by the court fo…

Writs; release of property or discharge of writ; undertaking required; objections to defendant's sureties; liability of sureties. (a) At any time, either before or after the execution of a writ of attachment, replevin or garnishment, the defendant may obtain a release of any prop…

Discharge of improperly issued writs. The defendant may at any time, upon notice to the plaintiff as the court may require, move the court in which the action is pending, to have a writ of attachment, replevin or garnishment discharged on the ground that it was improperly or irre…

procedures. Notice of exemptions; right to a hearing; (a) Within five (5) days after the court receives the person's written request for a hearing, a person whose property is attached or whose property is in the possession of another person and is attached or garnished, and again…

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

Issuance of writ; contents. (a) If authorized by a written order of the court pursuant to W.S. 1-15-103(a)(i), the clerk shall issue the writ of attachment upon the filing by the plaintiff of the bond required by W.S. 1-15-104. (b) The plaintiff may have other writs of attachment…

Manner of executing writ. (a) If the undertaking provided for in W.S. 1-15-105(a) is not given by the defendant at or before the time the writ is executed, the sheriff to whom the writ is directed shall execute the writ without delay in the following manner: (i) Real property own…

Third party claims; indemnity to sheriff; application for release. (a) If the sheriff executing the writ has actual notice of any third party claim to the personal property to be levied on or is in doubt as to ownership of the property, or of encumbrances thereon, or damage to th…

Return of sheriff; inventory of property. The sheriff shall return the writ of attachment to the court within twenty (20) days after its receipt, together with a certificate of his actions endorsed thereon or attached thereto. The certificate shall contain a full inventory of the…

Examination of defendant. The defendant may be required to appear before the court or a master appointed by the court, to be examined on oath respecting his property. After any examination conducted pursuant to this section, the court or master may order personal property capable…

Sale of attached property before judgment. (a) If any of the property attached is perishable, the sheriff shall sell it in the manner in which property is sold on execution. The sheriff shall retain the proceeds and other property attached by him to answer any judgment that may b…

of property. Satisfaction of judgment; deficiency; redelivery (a) If judgment is recovered by the plaintiff, the sheriff shall satisfy it out of the attached property which has not been delivered to the defendant or to a claimant pursuant to W.S. 1-15-105, or subjected to a prior…

Proceedings where defendant prevails. If the plaintiff does not recover judgment against the defendant, any undertaking received in the action, all the proceeds of sales and money collected by the sheriff and all the property attached remaining in his hands shall be delivered to …

Release of attachment upon real property. If the plaintiff does not recover judgment or an order is made discharging or releasing an attachment upon real property, a certified copy of the judgment or order shall be filed and indexed in the office of the county clerk in which the …

Attachment before maturity of claim. A party may commence an action upon an obligation before it is due and have an attachment against the property of the debtor upon any one (1) or more of the grounds set forth in W.S. 1-15-201(b)(iv)(D) through (F). The property attached, or it…

Property bound from time of service. An order of attachment binds the property attached from the time the writ is executed.

Possession of personal property pending action. Subject to W.S. 1-15-101 through 1-15-108, after filing the complaint and at any time before judgment, the plaintiff in an action to recover the possession of personal property may claim the delivery of the property to him as provid…

Affidavit. (a) When delivery is claimed, the plaintiff shall file with the court an affidavit stating: (i) A description of the property claimed; (ii) The plaintiff is the owner of the property or has a special ownership or interest in it, stating the facts in relation to it, and…

The actual value of the property. Issuance of writ; undertaking; service. (a) If authorized by a written order of the court pursuant to W.S. 1-15-103(a)(i), and upon the filing by plaintiff of the bond required by W.S. 1-15-104, the clerk shall issue the writ of replevin. (b) The…

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

Return of sheriff. The sheriff shall return the writ to the court within twenty (20) days after its receipt, together with a certificate of his actions endorsed thereon or attached thereto.

Claim to property by third party. If property taken under a writ of replevin is claimed by any person other than the defendant, and the claimant serves on the sheriff an affidavit stating the grounds of the claimant's title or right to possession, the sheriff is not bound to keep…

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

Availability of writ of garnishment. (a) Subject to W.S. 1-15-101 through 1-15-108, a plaintiff or judgment creditor may obtain a writ of garnishment as provided in this article. (b) A prejudgment writ of garnishment is available as a means of attachment of tangible or intangible…

Property subject to garnishment. Any writ of garnishment may be used to levy upon or affect the accrued credits, chattels, goods, effects, debts, choses in action, money and other personal property and rights to property of the defendant in the possession of a third person, or un…

Affidavit for writ of prejudgment garnishment. (a) Before a writ of prejudgment garnishment is issued, the plaintiff shall file with the court in which the action is pending an affidavit stating: (i) The facts showing that plaintiff's claim is one upon which attachment is authori…

Issuance of writ of prejudgment garnishment. If authorized by a written order of the court pursuant to W.S. 1-15-103(a)(i), the clerk shall issue one (1) or more writs of prejudgment garnishment upon the filing by the plaintiff of the bond required by W.S. 1-15-104.

Issuance of writ of post judgment garnishment; multiple writs. (a) After the entry of a judgment requiring the payment of money, the clerk of the court from which execution could issue shall, upon application of the plaintiff, issue one (1) or more writs of post judgment garnishm…

Content of writ of prejudgment or post judgment garnishment; to whom directed. A writ of prejudgment or post judgment garnishment shall be issued in the name of the state of Wyoming and shall be directed to the person or persons designated in the plaintiff's affidavit as garnishe…

Answer of garnishee; release of garnishee. (a) A writ of prejudgment or post judgment garnishment shall require the garnishee to file with the court a verified answer within ten (10) days, excluding Saturdays, Sundays and legal holidays, from the date of service of the writ. The …

Garnishment of earnings for personal services. (a) A writ of post judgment garnishment attaching earnings for personal services shall attach that portion of the defendant's accrued and unpaid disposable earnings, specified in subsection (b) of this section. The writ shall direct …

Service of writ; return; copy to defendant. (a) A writ of prejudgment or post judgment garnishment shall be served on the garnishee in the same manner as a summons. (b) Not later than five (5) days after service is made upon the garnishee the sheriff or other person who served th…

Release or discharge of garnishment. At any time, either before or after the service of any writ of garnishment, the defendant may obtain a release or discharge as provided by W.S. 1-15-105. In the case of a writ of post judgment garnishment, the condition of the bond required by…

(a) Delivery of property. Repealed by Laws 1988, ch. 42, § 2. (b) The garnishee may deliver to the officer serving the writ the property belonging to and the money due to the defendant as shown by the answer of the garnishee. The officer shall return the property, money and the w…

judgment. Reply to answer of garnishee; trial of issues; If the garnishee answers, the plaintiff or defendant may, within ten (10) days after the answer of the garnishee is filed with the court, file and serve upon the garnishee and the other party to the action a reply to the ga…

Judgment on answer of garnishee. (a) The parties to the principal action who fail to reply to the answer of the garnishee shall be deemed to have accepted it as correct. If both parties to the principal action have accepted the answer, an appropriate judgment shall be entered. If…

Proceedings on failure of garnishee to answer. If the garnishee has been duly served with a writ of prejudgment or post judgment garnishment and fails to answer as required by W.S. 1-15-407, the plaintiff may enter the default of the garnishee and proceed to prove the liability o…

Judgment discharges garnishee for amount paid. A garnishee shall be discharged from all claims of all parties in the garnishee action for all goods, effects and credits paid, delivered or accounted for by the garnishee as a result of any judgment against the garnishee.

Intervention or interpleader of third persons. (a) If it appears that any person not a party to the action has or claims an interest in any of the garnished property antedating the garnishment, the court may permit that person to appear and maintain his rights. (b) If the answer …

defendant. Claims of garnishee against plaintiff or A garnishee may retain or deduct out of the property, effects or credits of the defendant in his hands all demands whether or not due against the plaintiff and against the defendant of which he could have availed himself if he h…

instruments. Liability of garnishee on negotiable No person shall be liable as garnishee for having drawn, accepted, made or endorsed any negotiable instrument in the hands of the defendant at the time of service of the writ of prejudgment or post judgment garnishment when the ne…

When garnishee is mortgagee or pledgee. When any personal property, choses in action or effects of the defendant in the hands of the garnishee are mortgaged or pledged, or in any way liable for the payment of a debt to the garnishee, the plaintiff may obtain an order from the cou…

Where property held to secure performance of other obligation. (a) The court may order the plaintiff to redeem personal property, choses in action or effects levied upon under a writ of prejudgment or post judgment garnishment by performing the obligation or tendering performance…

Disposition of property. (a) All personal property, choses in action and effects received by the sheriff under W.S. 1-15-419 or 1-15-420, shall be disposed of in the same manner as if the property, choses in action and effects had been delivered by the garnishee under the provisi…

Effect of discharge of garnishee. Except as provided by W.S. 1-15-415, a judgment discharging a garnishee shall be no bar to an action brought against the garnishee by the defendant for or on account of the same demand.

not due. Execution on judgment against garnishee for debt When a judgment is rendered against a garnishee with respect to a debt from the garnishee to the defendant and the debt is not yet due, execution shall not issue until the debt has become due.

earnings. Failure to proceed against nonexempt garnished If a judgment creditor fails, within sixty (60) days from the filing of the answer of the garnishee, to secure a garnishee judgment and execute on garnished nonexempt earnings held by a garnishee pursuant to a writ of post …