Title 1, Title 1 — Code Of Civil Procedure
43 chapters · 873 sections in this title.
W.S. § 1-17-101 Execution defined; issuance; kinds
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Execution defined; issuance; kinds. (a) An execution is a process of the court issued by the clerk and directed to the sheriff of the county. Executions may be issued to the sheriffs of different counties at the same time. (b) Executions are of two (2) kinds: (i) Against the prop…
W.S. § 1-17-102 Request for hearing when property seized under execution
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Request for hearing when property seized under execution. (a) Except as provided in subsection (e) of this section, a person, other than a corporate entity, against whom a money judgment has been entered and whose property is seized under execution is entitled to a hearing within…
W.S. § 1-17-201 Right to stay; procedure
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Right to stay; procedure. (a) When judgment has been rendered in any district court against any person for the recovery of money or sale of property he may have a stay of execution as provided by the Wyoming Rules of Civil Procedure, except that a supersedeas bond to be furnished…
W.S. § 1-17-202 Notice to sheriff; relinquishment of property
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Notice to sheriff; relinquishment of property. (a) When the bond is entered after execution is issued, the clerk shall immediately notify the sheriff and he shall forthwith return the execution, noting his actions thereon. (b) All property levied on before the stay of execution a…
W.S. § 1-17-203 Effect of recognizance
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Effect of recognizance. Every recognizance of surety taken as provided shall have the effect of a judgment confessed from the date taken against the person and property of the surety.
W.S. § 1-17-204 Execution at expiration of stay
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Execution at expiration of stay. At the expiration of the stay the clerk shall issue a joint execution against the property of all the judgment debtors and sureties, but the sheriff shall first levy upon the property of the judgment defendant if sufficient property can be found. …
W.S. § 1-17-205 No stay on "not repleviable" judgments
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No stay on "not repleviable" judgments. A stay of execution shall not be allowed upon any judgment recovered against any person or surety for money received in a fiduciary capacity or for a breach of any official duty. The clerk shall issue executions upon the judgments immediate…
W.S. § 1-17-206 No stay where sureties object; exception
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No stay where sureties object; exception. When a court renders judgment against two (2) or more persons, any of whom are sureties for another in the contract on which the judgment is founded, there shall be no stay of execution on the judgment if the sureties object at the time o…
W.S. § 1-17-207 Execution upon affidavit of surety; generally
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Execution upon affidavit of surety; generally. Any surety for the stay of execution may file with the clerk an affidavit stating that he believes he will be liable for the judgment with interest and costs thereon unless execution issues immediately, and the clerk shall issue exec…
W.S. § 1-17-208 Execution upon affidavit of surety; effect of new surety
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Execution upon affidavit of surety; effect of new surety. If other sufficient surety is entered, it shall have the force of the original surety entered before the filing of the affidavit and shall discharge the original surety.
W.S. § 1-17-209 Time of stay excluded for execution
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Time of stay excluded for execution. The time during which any judgment is stayed shall not be included in the period during which the judgment creditor shall cause execution to be issued and levied in order to preserve his lien on the property of the debtor as against other judg…
W.S. § 1-17-210 Stay on appeal
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Stay on appeal. Execution of a judgment or final order, other than those enumerated in W.S. 1-17-201, of any judicial tribunal, or the levy or collection of any tax or assessment therein litigated, may be stayed on such terms as may be prescribed by the court in which the appeal …
W.S. § 1-17-301 Property subject to execution
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Property subject to execution. Except for property exempt by law, all property of the judgment debtor, both real and personal or any legal or equitable interest therein including any interest of the judgment debtor in mortgaged property or property being sold under an executory l…
W.S. § 1-17-302 When lien attaches to property; generally
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When lien attaches to property; generally. The lands and tenements within the county in which judgment is entered are bound for the satisfaction thereof from the day the judgment is filed with the county clerk. Whenever a judgment is required to be filed with the county clerk, it…
W.S. § 1-17-303 When lien attaches to property; judgment of supreme court
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When lien attaches to property; judgment of supreme court. A judgment of the supreme court for money binds the lands and tenements of the debtor within the county in which the suit originated from the day the judgment is filed with the county clerk. Whenever a judgment is require…
W.S. § 1-17-304 Recording lien on real estate in other counties
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Recording lien on real estate in other counties. The judgment 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 the judgment record of the district court, may file a transcript of the j…
W.S. § 1-17-305 Lien of judgments of federal courts
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Lien of judgments of federal courts. (a) Judgments and decrees entered in any United States district court or circuit court held within this state are a lien against the lands and tenements of the person against whom the judgment or decree is rendered, situated within the county …
W.S. § 1-17-306 Lien of judgments of circuit courts
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Lien of judgments of circuit courts. (a) The party in whose favor a judgment is rendered by a circuit court if the judgment is not appealed or stayed, may file with the clerk of the district court and the county clerk of the county in which the judgment was rendered a transcript …
W.S. § 1-17-307 When judgment becomes dormant
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When judgment becomes dormant. If execution on a judgment rendered in any court of record in this state or a transcript of which has been filed as provided in W.S. 1-17-306(a) is not issued within five (5) years from date of the judgment or if five (5) years intervene between the…
W.S. § 1-17-308 Writs of execution; generally
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Writs of execution; generally. (a) The writ of execution against the property of the judgment debtor issuing from any court of record shall command the officer to whom it is directed that he shall collect the money specified in the writ from the real and personal property of the …
W.S. § 1-17-309 Writs of execution; preferences
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Writs of execution; preferences. The officer 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 delivered to the officer on the same day, no preference shall be given to either of the writs. I…
W.S. § 1-17-310 Writs of execution; levy
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Writs of execution; levy. The officer to whom a writ of execution is delivered shall proceed immediately to levy the writ upon the real and personal property of the debtor.
W.S. § 1-17-311 Bond for future delivery of property; failure to perform
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Bond for future delivery of property; failure to perform. When an officer levies an execution upon any goods and chattels which afterwards remain unsold for any reasonable cause, the officer may for his own security, take a bond from the defendant, with security he deems sufficie…
W.S. § 1-17-312 Notice of execution sale
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Notice of execution sale. Unless a private sale is ordered as provided in W.S. 1-17-314, the officer who levies execution upon goods and chattels, shall cause public notice to be given of the time and place of sale at least ten (10) days before the day of sale. The notice shall b…
W.S. § 1-17-313 Alias execution
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Alias execution. When goods and chattels levied upon by execution cannot be sold for want of bidders or want of time, the officer who makes the return shall annex to the execution a true inventory of the goods and chattels remaining unsold. The plaintiff in execution may have ano…
W.S. § 1-17-314 Sale to be at public auction; when private sale authorized
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Sale to be at public auction; when private sale authorized. The court from which an execution or order of sale issues, on application of either party with due notice to the adverse party and for good cause, may order the officer holding the process to sell the goods and chattels …
W.S. § 1-17-315 Additional levy
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Additional levy. When a 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 to the officer to whom the writ is directed that if the unsold property remaining in his hands is insuff…
W.S. § 1-17-316 Appraisement of real property required; exception
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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 who are residents of the county where the lands taken in execution are situate and administe…
W.S. § 1-17-317 Official property sold without valuation
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Official property sold without valuation. The property of any state, county or municipal officer levied on for or on account of any money collected or received by him in his official capacity may be sold without valuation.
W.S. § 1-17-318 Return on execution; record
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Return on execution; record. The sheriff 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 docket provided for the purpose all such endorsements and the record shall be a part of the court…
W.S. § 1-17-319 Disposition of nonrealty proceeds
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Disposition of nonrealty proceeds. If the sheriff collects any part of a judgment by virtue of an execution without the sale of real estate, he shall pay the same to the judgment creditor or his attorney. If the execution is fully satisfied, he shall return it within three (3) da…
W.S. § 1-17-320 Failure of realty purchaser to pay
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Failure of realty purchaser to pay. Upon notice 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 for contempt any purchaser of real property who willfully fails to pay the purchase m…
W.S. § 1-17-321 Confirmation of sale of realty and order for deed; disposition of proceeds
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Confirmation of sale of realty and order for deed; disposition of proceeds. If upon return of any writ of execution for the satisfaction of which lands and tenements have been sold, it is found by the court that the sale was made in all respects in conformity with the code of civ…
W.S. § 1-17-322 Conveyance of realty by master commissioner
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Conveyance of realty by master commissioner. A master commissioner, upon order by the court, may convey real property when a party to a proceeding has been ordered to convey the property to another and fails or refuses to obey the order. The master commissioner may also execute a…
W.S. § 1-17-323 Administering of oaths; sheriff as commissioner; sales by master
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Administering of oaths; sheriff as commissioner; sales by master. A master commissioner or special master who sells real property has the same power to administer oaths as the sheriff. A sheriff may act as a master commissioner and, upon notice and for reasonable compensation to …
W.S. § 1-17-324 Effect of deed
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Effect of deed. The deed is prima facie evidence of the legality and regularity of the sale and the entire estate and interest of the person whose property the officer sells and conveys shall thereby rest in the purchaser, whether that interest existed at the time the property be…
W.S. § 1-17-325 Printer's fees for notice
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Printer's fees for notice. The officer who makes a levy or holds an order of sale may demand of the plaintiff the fees of the printer for publishing the notice and the officer is not required to make publication until the fees are paid.
W.S. § 1-17-326 Where realty sold; certain purchases void
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Where realty sold; certain purchases void. All sales of lands or tenements under execution or order of sale shall be held at the courthouse in the county in which the lands and tenements are situated, unless otherwise ordered by the court. Purchases of real or personal property b…
W.S. § 1-17-327 Alias executions against realty
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Alias executions against realty. If lands and tenements levied on or ordered sold are not sold upon one (1) execution, other executions may be issued.
W.S. § 1-17-328 Separate levies on separate parcels of land
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Separate levies on separate parcels of land. (a) When two (2) or more executions having different preferences are to be satisfied by levying upon real estate, either judgment creditor may require the officer to make a separate levy for his execution. The officer levying the execu…
W.S. § 1-17-329 Certificate or deed by successor officer
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Certificate or deed by successor officer. If the term of the officer who makes a sale of any lands and tenements expires, or he is unable from any cause to make a certificate of sale or a deed of conveyance of the property sold, any successor of the officer on receiving a certifi…
W.S. § 1-17-330 Disposition of surplus proceeds
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Disposition of surplus proceeds. If there remains in the hands of the officer after an execution sale more money than necessary to satisfy the writ of execution with interest and costs, the officer shall pay the balance to the defendant in execution or his legal representatives.
W.S. § 1-17-331 Effect of reversal of judgment
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Effect of reversal of judgment. If a judgment in satisfaction of which lands or tenements are sold is thereafter reversed, the reversal shall not affect the title of the purchaser, but the judgment creditor shall make restitution of the money received from the sale with lawful in…
W.S. § 1-17-332 Rights of purchaser where sale invalid
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Rights of purchaser where sale invalid. (a) If the title of the purchaser is invalid by reason of a procedural defect in the sale of property on execution, the purchaser is subrogated to the right of the creditor against the debtor to the extent of the money paid and applied to t…
W.S. § 1-17-333 Sale of wrong property; vacation of satisfaction
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Sale of wrong property; vacation of satisfaction. When a plaintiff in execution, in good faith, has had a levy of execution and sale of property not subject thereto, with the proceeds applied on his judgment, and a recovery therefor has been had against him by the owner of the pr…
W.S. § 1-17-334 Sale of wrong property; remedy of levying officer
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Sale of wrong property; remedy of levying officer. When an 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 …
W.S. § 1-17-335 Sale of wrong property; rights of defendant and surety
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Sale of wrong property; rights of defendant and surety. When a defendant in a judgment or his surety mistakenly directs an execution issued on the judgment to be levied on property not liable to execution, and thereby wholly or partially satisfies the judgment, he may be compelle…
W.S. § 1-17-336 When judgment loses preference; lien to continue for a year
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When judgment loses preference; lien to continue for a year. A judgment on which execution is not levied before the expiration of one (1) year after its rendition shall not operate as a lien on the estate of a debtor. When judgment is rendered in the district or supreme court and…
W.S. § 1-17-337 New appraisement of realty or execution; direction of sale price by court
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New appraisement of realty or execution; direction of sale price by court. When real estate taken on execution is appraised and is twice advertised and offered for sale but remains unsold for lack of bidders, the court from which the execution issued on motion of the plaintiff or…
W.S. § 1-17-338 Court order to sell land on time; terms of sale
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Court order to sell land on time; terms of sale. When premises are ordered to be sold and having been twice advertised and offered for sale remain unsold for lack of bidders, on motion of the plaintiff or defendant the court from which the order of sale issued shall order a new a…