reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 5 - Continuing Garnishment › Section 1-15-504 - Priority Between Multiple Garnishments.

1-15-504. Priority between multiple garnishments.
(a) Only one (1) writ of continuing garnishment against earnings due the judgment debtor shall be satisfied at one (1) time. When more than one (1) writ of continuing garnishment has been issued against earnings due the same judgment debtor, they shall be satisfied in the order of service on the garnishee. When a writ of continuing garnishment is served upon a garnishee during the effective period of a prior writ of continuing garnishment, service of the subsequent writ shall be deemed effective from the time the liens of all prior writs have terminated. Except as otherwise provided in this section, a lien and continuing levy obtained pursuant to this article shall have priority over any subsequent garnishment lien or wage attachment. In any civil action, a judgment creditor shall serve no more than one (1) writ of continuing garnishment upon any one (1) garnishee for the same judgment debtor during any ninety (90) day period.
(b) Where a continuing garnishment has been suspended for a specific period of time by agreement of the parties pursuant to W.S. 1-15-502(b), the suspended continuing garnishment shall have priority over any writ of garnishment or continuing garnishment served on the garnishee after the suspension has expired. No suspension shall extend the running of the ninety (90) day effective period of the writ nor otherwise affect priorities.
(c) Notwithstanding any other provision of this section, an income withholding order for child support obtained pursuant to W.S. 20-6-201 through 20-6-222 shall have priority over any other continuing garnishment. If an income withholding order is served during the effective period of a writ of continuing garnishment, the effective period shall be tolled and all priorities preserved until the termination of the income withholding order.
(d) Any writ of garnishment or continuing garnishment served upon a garnishee while any previous writ of continuing garnishment is still in effect shall be answered by the garnishee with a statement that he has been served previously with one (1) or more writs of continuing garnishment against earnings due the judgment debtor and specifying the date on which all such liens are expected to terminate.
(e) Upon the termination of a lien and continuing levy obtained pursuant to this article, any other writ of garnishment or continuing garnishment which has been issued or which is issued subsequently against earnings due the judgment debtor shall have priority in the order of service on the garnishee. The person who serves a writ of continuing garnishment on a garnishee shall note the date and time of the service.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 5 - Continuing Garnishment › Section 1-15-505 - Service of Writ; Notice to Judgment Debtor in Continuing Garnishment; Payment to Clerk of Court.

1-15-505. Service of writ; notice to judgment debtor in continuing garnishment; payment to clerk of court.
(a) The judgment creditor shall serve two (2) copies of the writ of continuing garnishment upon the garnishee, one (1) copy of which the garnishee shall deliver to the judgment debtor as provided in W.S. 1-15-506. The writ shall be served on the garnishee in the same manner as a summons under Rule 4(d) of the Wyoming Rules of Civil Procedure or by certified mail sent to the garnishee at the address of its principal place of business in accordance with Rule 4(r) of the Wyoming Rules of Civil Procedure. The writ shall include notice to the judgment debtor of the formula used to calculate:
(i) The amount of exempt earnings owed to the judgment debtor for a single pay period; and
(ii) The amount of nonexempt earnings payable to the judgment creditor for a single pay period.
(b) The writ shall contain notice to the judgment debtor of his right to object to the calculation of exempt and nonexempt earnings and his right to a hearing on his objection.
(c) The writ shall direct the garnishee to pay over all earnings withheld under this article to the clerk of the court from which the writ was issued.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 5 - Continuing Garnishment › Section 1-15-506 - Service of Notice Upon Judgment Debtor; Answer and Tender of Payment by Garnishee.

1-15-506. Service of notice upon judgment debtor; answer and tender of payment by garnishee.
(a) The garnishee shall deliver a copy of the writ of continuing garnishment required by W.S. 1-15-505, together with the calculation of exempt earnings, to the judgment debtor at the time the judgment debtor receives earnings for the first pay period affected by the writ of continuing garnishment. For all subsequent pay periods affected by the writ, the garnishee shall deliver a copy of the calculation of the amount of exempt earnings to the judgment debtor at the time the judgment debtor receives earnings for that pay period.
(b) Compliance with this section and W.S. 1-15-505 by the judgment creditor shall be deemed to give sufficient notice to the judgment debtor of the continuing garnishment proceedings against him, and no further notice shall be required under this article.
(c) The garnishee shall file with the court a verified answer to the writ of continuing garnishment no later than ten (10) days following the date the judgment debtor receives earnings for the first pay period affected by the writ, or forty (40) days following the date the writ was served upon the garnishee, whichever is earlier. The answer of the garnishee shall state:
(i) Whether the judgment debtor was employed by the garnishee on the date the writ was served;
(ii) Whether the judgment debtor is paid weekly, monthly or otherwise;
(iii) The dates on which the judgment debtor will be paid during the ninety (90) day effective period of the writ;
(iv) The amount of the judgment debtor's regular gross pay and an itemization of deductions regularly withheld from the judgment debtor's gross pay by the garnishee; and
(v) Whether any other outstanding writ of continuing garnishment or income withholding order for child support relating to the judgment debtor has been served on the garnishee and if so the date on which each writ or order is expected to terminate.
(d) For each pay period affected by the writ, the garnishee shall pay any nonexempt earnings and deliver a calculation of the amount of exempt earnings to the clerk of the court which issued the writ no less than five (5) nor more than ten (10) days, excluding Saturdays, Sundays and legal holidays, following the day the judgment debtor receives earnings affected by the writ.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 5 - Continuing Garnishment › Section 1-15-507 - Judgment Debtor to File Written Objection.

1-15-507. Judgment debtor to file written objection.
(a) If the judgment debtor objects to the calculation of the amount of exempt earnings, the judgment debtor shall have five (5) days, excluding Saturdays, Sundays and legal holidays, from receipt of the calculation of exempt earnings within which to resolve the issue of the miscalculation by agreement with the garnishee, during which time the garnishee shall not tender any monies to the clerk of the court. If the objection is not resolved within five (5) days, excluding Saturdays, Sundays and legal holidays, the garnishee shall pay the withheld income to the clerk of the court in which the judgment was entered and the judgment debtor may file a written objection with the clerk setting forth with reasonable detail the grounds for the objection. The judgment debtor's objection shall be filed with the clerk of court and a copy mailed to the judgment creditor or his attorney of record within five (5) days, excluding Saturdays, Sundays and legal holidays, from the date the withheld earnings are received by the clerk of court. If the objection is not filed within the time allowed, the clerk of court shall pay the withheld income to the judgment creditor.
(b) Upon the filing of a written objection, all further proceedings with relation to the disposition of the earnings shall be stayed until the matter of the objection is determined.
(c) Notwithstanding the provisions of subsection (a) of this section, a judgment debtor failing to make a written objection may, at any time within ninety (90) days from receipt of a calculation of exempt earnings, and for good cause shown, move the court in which the judgment was entered to hear an objection as to any earnings levied in continuing garnishment, the amount of which the judgment debtor claims to have been miscalculated.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 5 - Continuing Garnishment › Section 1-15-508 - Hearing on Objection.

1-15-508. Hearing on objection.
(a) Upon the filing of an objection pursuant to W.S. 1-15-507(a), the court in which the judgment was entered shall set a time for the hearing of the objection, which shall be not more than ten (10) days, excluding Saturdays, Sundays and legal holidays, after filing. The clerk of the court where the objection is filed shall immediately inform the judgment creditor or his attorney of record and the judgment debtor or his attorney of record by telephone, by mail or in person of the date set for the hearing.
(b) The certificate of the clerk of the court that service of notice of the hearing has been made in the manner and form stated in subsection (a) of this section, which certificate has been attached to the court file, shall constitute prima facie evidence of service, and the certificate of service filed with the clerk of the court is sufficient return of service.
(c) Upon hearing, the court shall determine whether the amount of the judgment debtor's exempt earnings was correctly calculated by the garnishee and shall enter an order or judgment setting forth the determination of the court. If the amount of exempt earnings is found to have been miscalculated, the court shall order the clerk of the court to remit the amount of over garnished earnings to the judgment debtor.
(d) If the judgment debtor moves the court to hear an objection within the time provided by W.S. 1-15-507(c) and the judgment giving rise to the claim has been satisfied against earnings of the judgment debtor, the court shall determine whether the amount of the judgment debtor's earnings paid to the judgment creditor was correctly calculated and shall issue an order setting forth the determination of the court. If the amount of earnings is found to have been miscalculated, the court shall order the judgment creditor to remit immediately the amount of the over garnished earnings to the judgment debtor.
(e) Any order or judgment entered by the court as provided for in subsections (c) and (d) of this section is a final judgment or order for the purpose of appellate review.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 5 - Continuing Garnishment › Section 1-15-509 - No Discharge From Employment for Any Garnishment; General Prohibition.

1-15-509. No discharge from employment for any garnishment; general prohibition.
(a) No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to any continuing garnishment directed to the employer for the purpose of paying any judgment.
(b) If an employer discharges an employee in violation of the provisions of this section, the employee may, within one hundred twenty (120) days, bring a civil action for the recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall be lost wages not to exceed thirty (30) working days, costs and reasonable attorney fees.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 5 - Continuing Garnishment › Section 1-15-510 - Forms.

1-15-510. Forms.
Affidavits, notices, writs and other forms for use in continuing garnishment shall be in accordance with rules promulgated by the supreme court of Wyoming.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 5 - Continuing Garnishment › Section 1-15-511 - Limitation on Continuing Garnishment.

1-15-511. Limitation on continuing garnishment.
(a) The maximum portion of the aggregate disposable earnings of a judgment debtor which are subject to continuing garnishment under this article is the lesser of:
(i) Twenty-five percent (25%) of the judgment debtor's disposable earnings for that week; or
(ii) The amount by which the judgment debtor's aggregate disposable earnings computed for that week exceeds thirty (30) times the federal minimum hourly wage prescribed by the Fair Labor Standards Act of 1938, 29 U.S.C. 206(a)(1), in effect at the time the earnings are payable, or, in case of earnings for any pay period other than a week, any equivalent multiple thereof prescribed by the administrator of the Wyoming Uniform Consumer Credit Code in the manner provided by W.S. 40-14-505(b)(iii).
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 1 - In General › Section 1-16-101 - Rights of Minors Reserved.

1-16-101. Rights of minors reserved.
It is not necessary to reserve in a judgment or order the right of a minor to show cause why such order or judgment should be set aside after he attains the age of majority, but in any case in which such reservation would have been proper, the minor may show cause against such order or judgment within one (1) year after arriving at the age of majority.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 1 - In General › Section 1-16-102 - Interest on Judgments.

1-16-102. Interest on judgments.
(a) Except as provided in subsections (b) and (c) of this section, all decrees and judgments for the payment of money shall bear interest at ten percent (10%) per year from the date of rendition until paid.
(b) If the decree or judgment is founded on a contract and all parties to the contract agreed to interest at a certain rate, the rate of interest on the decree or judgment shall correspond to the terms of the contract.
(c) A periodic payment or installment for child support or maintenance which is unpaid on the date due and which on or after July 1, 1990, becomes a judgment by operation of law pursuant to W.S. 14-2-204 shall not bear interest.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 1 - In General › Section 1-16-103 - Penalty Assessed on Unpaid Judgment by Operation of Law.

1-16-103. Penalty assessed on unpaid judgment by operation of law.
(a) As used in this section "judgment by operation of law" means a periodic payment or installment for child support or maintenance which is unpaid on the date due and which has become a judgment by operation of law pursuant to W.S. 14-2-204.
(b) Any judgment by operation of law which is not paid within thirty-two (32) calendar days from the date the judgment by operation of law arises is subject to an automatic late payment penalty in an amount equal to ten percent (10%) of the amount of the judgment by operation of law.
(c) In order to recover penalties assessed under subsection (b) of this section, the obligee shall file with the clerk of court a sworn affidavit setting forth the payment history resulting in assessment of any penalty and a computation of all penalties claimed to be due and owing. It shall not be the responsibility of the clerk to compute the amount of the penalties due and owing. If the obligor disputes the payment history or penalty computation as stated in the obligee's sworn affidavit, the obligor shall file with the clerk of court a written request for a hearing within ten (10) days after seizure of his property under execution.
(d) This section shall apply only to judgments by operation of law arising on or after July 1, 1990.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 2 - Judgments by Confession › Section 1-16-201 - Right to Confess Judgment.

1-16-201. Right to confess judgment.
A person indebted or against whom a cause of action exists, may personally appear in a court of competent jurisdiction and with the assent of the creditor or person having such cause of action, confess judgment, whereupon judgment shall be entered accordingly.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 2 - Judgments by Confession › Section 1-16-202 - Warrant of Attorney to Be Produced.

1-16-202. Warrant of attorney to be produced.
An attorney who confesses judgment in any case, at the time of making the confession shall produce the warrant of attorney for making the same to the court. The original or a copy of the warrant shall be filed with the clerk of the court.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 3 - Recording and Indexing of Judgments; Release › Section 1-16-301 - Recordation of Judgments and Orders Where Real Property Affected.

1-16-301. Recordation of judgments and orders where real property affected.
(a) When a judgment or order is made determining any matter affecting the title to real property, a certified copy of the judgment or order shall be recorded in the office of the county clerk of the county in which the property is situated.
(b) Repealed by Laws 2019, ch. 24, 2.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 3 - Recording and Indexing of Judgments; Release › Section 1-16-303 - Record; Contents.

1-16-303. Record; contents.
The record shall contain the complaint, the process, the return, pleadings subsequent thereto and all material acts and proceedings of the court. If the items of an account or the copies of papers attached to the pleadings are voluminous, the court may order the record to be made by abbreviating the same or inserting a pertinent description thereof, or by omitting them entirely. Evidence will not be recorded.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 3 - Recording and Indexing of Judgments; Release › Section 1-16-304 - Transcription Into New Volume.

1-16-304. Transcription into new volume.
A court by order on the journal, may direct its clerk to transcribe any book in his office into a new volume, and the transcripts made are as valid as the original.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 3 - Recording and Indexing of Judgments; Release › Section 1-16-305 - When Complete Record Not Required.

1-16-305. When complete record not required.
(a) W.S. 1-16-302 does not apply:
(i) In criminal prosecutions when the indictment has been quashed, or when the district attorney has entered a nolle prosequi on the indictment;
(ii) When the action has been dismissed without prejudice to a future action, as provided in W.S. 1-16-306;
(iii) In all actions in which, in open court, at the term at which the final order or judgment is made, both parties agree that no record shall be made.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 3 - Recording and Indexing of Judgments; Release › Section 1-16-306 - Record in Dismissed Action.

1-16-306. Record in dismissed action.
When an action has been dismissed without prejudice to a future action, the clerk shall make a complete record of the proceedings upon being paid therefor by the party requesting it.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 3 - Recording and Indexing of Judgments; Release › Section 1-16-307 - Index to Judgments.

1-16-307. Index to judgments.
(a) Except as provided in subsection (b) of this section, the clerk shall keep and make available for public inspection an index of all civil judgments containing the following information:
(i) The name of the judgment debtor or, for orders establishing or modifying a child support obligation, the obligor;
(ii) Repealed by Laws 2019, ch. 24, 2.
(iii) The amount of the original judgment and the year when it was rendered;
(iv) Repealed by Laws 2019, ch. 24, 2.
(v) Repealed by Laws 2019, ch. 24, 2.
(vi) Repealed by Laws 2019, ch. 24, 2.
(vii) Whether the notice of satisfaction has been filed and the date the notice was filed.
(b) No index shall be made of a judgment by operation of law arising under W.S. 14-2-204, and no index shall be made of a judgment by operation of law arising under W.S. 7-9-103(d) until execution is issued upon request of the victim, the division of victim services or the district attorney pursuant to W.S. 7-9-103(d). Judgments whose access are restricted by law or court rule shall not be included in the index required under subsection (a) of this section.
(c) The clerk shall include in the index required by subsection (a) of this section all judgments, decrees and orders establishing or modifying a child support obligation.
(i) Repealed by Laws 2019, ch. 24, 2.
(ii) Repealed by Laws 2019, ch. 24, 2.
(iii) Repealed by Laws 2019, ch. 24, 2.
(d) The procedures for compiling and maintaining the judgment index required by subsection (a) of this section may be modified by the court to permit the compilation and maintenance by any manual, mechanical, electronic or other means calculated to ensure the accuracy of the index.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 3 - Recording and Indexing of Judgments; Release › Section 1-16-308 - Release of Satisfied Judgment; Requirement.

1-16-308. Release of satisfied judgment; requirement.
(a) Any action pending or judgment rendered in the district courts of this state which has been settled or satisfied shall be released or dismissed in writing upon the face of the docket or by written release by the attorney of record or the person in whose favor the judgment was rendered, who shall date and sign the release. If neither the attorney of record nor the judgment creditor can be found in the county, the judgment debtor may pay the amount due upon the judgment to the clerk of court. Upon proper showing to the court that the judgment has been paid in full, the court shall order the judgment released and satisfied.
(b) Subsection (a) of this section does not apply to judgments arising by operation of law under W.S. 14-2-204.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 3 - Recording and Indexing of Judgments; Release › Section 1-16-309 - Release of Satisfied Judgment; Liability for Failure.

1-16-309. Release of satisfied judgment; liability for failure.
(a) If the attorney of record or other proper person fails to release any action pending or judgment rendered within fifteen (15) days after settlement or satisfaction, the person in whose favor the judgment was rendered is liable for damages sustained.
(b) Subsection (a) of this section does not apply to judgments by operation of law arising under W.S. 14-2-204.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 4 - Modification or Vacation After Term › Section 1-16-401 - Authority of Court; Grounds.

1-16-401. Authority of court; grounds.
(a) A district court may vacate or modify its own judgment or order after the term at which it was made:
(i) By granting a new trial when the grounds for a new trial could not with reasonable diligence have been discovered before, but are discovered after the original motion for a new trial has been passed upon by the district court;
(ii) By a new trial granted in proceedings against defendants constructively summoned;
(iii) For mistake, neglect or omission of the clerk or irregularity in obtaining a judgment or order;
(iv) For fraud practiced by the successful party in obtaining a judgment or order;
(v) For erroneous proceedings against a minor or person of unsound mind, when the condition of the defendant does not appear in the record nor the error in the proceedings;
(vi) For the death of the parties before judgment in the action;
(vii) For unavoidable casualty or misfortune preventing the party from prosecuting or defending;
(viii) For errors in a judgment shown by a minor within twelve (12) months after arriving at the age of majority;
(ix) For taking judgments upon warrants of attorney for more than was due the plaintiff, when the defendant was not summoned or otherwise legally notified of the time and place of taking the judgment;
(x) When the judgment or order was obtained in whole or in a material part by false testimony on the part of the successful party or any witness in his behalf which ordinary prudence could not have anticipated or guarded against and the guilty party has been convicted.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 4 - Modification or Vacation After Term › Section 1-16-402 - Opening Judgment or Order Rendered on Service by Publication.

1-16-402. Opening judgment or order rendered on service by publication.
A party against whom a judgment or order has been rendered without service other than by publication in a newspaper may have the same opened and be allowed to defend within six (6) months after the date of the judgment or order. Before the judgment or order can be opened, the applicant shall give notice to the adverse party of his intended application, file a full answer to the petition, pay all costs if the court requires them to be paid and make it appear to the satisfaction of the court that during the pendency of the action he had no actual notice thereof in time to appear in court and make his defense. Each party may present affidavits.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 4 - Modification or Vacation After Term › Section 1-16-403 - Bona Fide Purchasers Unaffected.

1-16-403. Bona fide purchasers unaffected.
The title to any property which is the subject of the judgment or order sought to be opened and which in consequence of the judgment or order has passed to a purchaser in good faith, shall not be affected by any proceedings to vacate or modify the judgment, nor shall title to any property sold before judgment under an attachment be affected by the proceedings.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 4 - Modification or Vacation After Term › Section 1-16-404 - Grounds to Vacate Tried First.

1-16-404. Grounds to vacate tried first.
The court must first try and decide whether to vacate or modify a judgment or order before trying or deciding the validity of the defense or cause of action.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 4 - Modification or Vacation After Term › Section 1-16-405 - Proceedings Prior to Vacation and Upon Modification.

1-16-405. Proceedings prior to vacation and upon modification.
A judgment shall not be vacated until it is decided that there is a valid defense to the action in which the judgment was rendered or if the plaintiff seeks its vacation, that there is a valid cause of action. When a judgment is modified, all liens and securities obtained under it shall be preserved to the modified judgment.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 4 - Modification or Vacation After Term › Section 1-16-406 - Injunction; Suspension of Judgment or Order.

1-16-406. Injunction; suspension of judgment or order.
The party seeking to vacate or modify a judgment or order may obtain an injunction suspending proceedings on the whole or a part thereof when it appears probable by affidavit or by exhibition of the record that the party is entitled to have the judgment or order vacated or modified.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 4 - Modification or Vacation After Term › Section 1-16-407 - Injunction; Suspension of Premature Judgment.

1-16-407. Injunction; suspension of premature judgment.
If the judgment was rendered before the action stood for trial, the injunction may be granted although no valid defense to the action is shown. The court shall make such orders concerning the executions on the judgment as shall give to the defendant the same rights of delay he would have had if the judgment had been rendered at the proper time.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 4 - Modification or Vacation After Term › Section 1-16-408 - Limitation on Time for Proceedings.

1-16-408. Limitation on time for proceedings.
Proceedings to vacate or modify a judgment or order, for the causes mentioned in W.S. 1-16-401(a)(iv), (v) and (vii) must be commenced within two (2) years after the judgment was rendered or order made, unless the party entitled thereto is a minor or a person of unsound mind, and in cases of such disability, within two (2) years after the removal thereof. Proceedings for the causes mentioned in W.S. 1-16-401(a)(iii) and (vi) shall be commenced within three (3) years, and in W.S. 1-16-401(a)(ix) within two (2) years, after the defendant has notice of the judgment. Proceedings for the causes mentioned in W.S. 1-16-401(a)(x) may be commenced after the guilty party is convicted, if the conviction is within two (2) years from the rendition of the judgment.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 4 - Modification or Vacation After Term › Section 1-16-409 - Applicability of Provisions to Supreme Court.

1-16-409. Applicability of provisions to supreme court.
The provisions relating to modification or vacation of judgments or orders apply to the supreme court so far as the same are applicable to its judgments or final orders.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 5 - Revivor and New Parties › Section 1-16-501 - Proceeding Against Parties Not Summoned and Persons Whose Liability Unknown.

1-16-501. Proceeding against parties not summoned and persons whose liability unknown.
When judgment is rendered in this state on a joint instrument, parties to the action who were not summoned and persons whose liability was not known to the plaintiff at the rendition of the judgment may be made parties thereto by action in the same court if they can be summoned. When the judgment is rendered elsewhere, the plaintiff may bring suit upon the instrument against the parties not summoned or persons whose liability was unknown, in any county where any of the parties reside or may be summoned.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 5 - Revivor and New Parties › Section 1-16-502 - Revivor of Dormant Judgments; Generally.

1-16-502. Revivor of dormant judgments; generally.
When a judgment, including judgments rendered by a circuit court, a transcript of which has been filed in the district court for execution, becomes dormant, it may be revived by the allowance of the court of a motion for revival or by a conditional order of the court that the action be revived. If the order of revival is made by consent of the parties, the action shall be revived. If the order is not made by consent, the order shall be served on the adverse party. When either party to the dormant judgment, his agent or attorney, makes affidavit showing that the adverse party is a nonresident of the state and that the judgment remains unsatisfied in whole or in part and the amount owing thereon, service may be made by publication as in other cases. If sufficient cause is not shown to the contrary, the judgment shall stand revived for the amount which the court finds to be due and unsatisfied thereon. The lien of the judgment for the amount due shall be revived and shall operate from the time of the entry of the conditional order or the filing of the motion.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 5 - Revivor and New Parties › Section 1-16-503 - Revivor of Dormant Judgments; Limitations on Time to Revive.

1-16-503. Revivor of dormant judgments; limitations on time to revive.
(a) No action shall be brought to revive a judgment after ten (10) years after it becomes dormant, unless the party entitled to bring the action was:
(i) A minor or subject to any other legal disability at the time the judgment became dormant, in which case the action may be brought within fifteen (15) years after the disability has ceased; or
(ii) A party in a child support proceeding, in which case the action shall be brought within twenty-one (21) years.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 5 - Revivor and New Parties › Section 1-16-504 - Revivor When Parties Die After Judgment.

1-16-504. Revivor when parties die after judgment.
If either or both parties die after judgment and before satisfaction thereof, their representatives may be made parties to the judgment in the same manner prescribed for the revival of actions as provided in W.S. 1-16-502. The judgment may be rendered and execution awarded against the representatives of the deceased parties.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 5 - Revivor and New Parties › Section 1-16-506 - Sureties Made Parties to Judgment.

1-16-506. Sureties made parties to judgment.
Sureties to the bond of an executor, administrator, guardian or trustee may by action be made parties to a judgment thereon against the principal.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 6 - Wyoming Structured Settlement Protection Act › Section 1-16-603 - Required Disclosures to Payee.

1-16-603. Required disclosures to payee.
(a) Not less than three (3) days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen (14) points, setting forth:
(i) The amounts and due dates of the structured settlement payments to be transferred;
(ii) The aggregate amount of the payments;
(iii) The discounted present value of the payments to be transferred and the amount of the applicable federal rate used in calculating the discounted present value;
(iv) The gross advance amount;
(v) An itemized listing of all applicable transfer fees, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer and the transferee's best estimate of the amount of any such fees and disbursements;
(vi) The net advance amount;
(vii) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee;
(viii) A statement that the payee has the right to cancel the transfer agreement without penalty or further obligation not later than the third business day after the date the agreement is signed by the payee.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 6 - Wyoming Structured Settlement Protection Act › Section 1-16-604 - Approval of Transfers of Structured Settlement Payment Rights.

1-16-604. Approval of transfers of structured settlement payment rights.
(a) No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order based on express findings by the court that:
(i) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;
(ii) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; and
(iii) The transfer does not contravene any applicable statute or the order of any court or other government authority.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 6 - Wyoming Structured Settlement Protection Act › Section 1-16-605 - Effects of Transfer of Structured Settlement Payment Rights.

1-16-605. Effects of transfer of structured settlement payment rights.
(a) Following a transfer of structured settlement payment rights under this act:
(i) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;
(ii) The transferee shall be liable to the structured settlement obligor and the annuity issuer:
(A) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and
(B) For any other liabilities or costs, including reasonable costs and attorneys' fees arising from compliance by such parties with the order of the court or arising as a consequence of the transferee's failure to comply with this act.
(iii) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two (2) or more transferees or assignees; and
(iv) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all requirements of this act.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 6 - Wyoming Structured Settlement Protection Act › Section 1-16-606 - Procedure for Approval of Transfers.

1-16-606. Procedure for approval of transfers.
(a) An application under this act for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the Wyoming district court that approved the structured settlement payment rights, or the Wyoming district court in the county where the payee resides without regard to where the structured settlement payment rights may have accrued.
(b) Not less than twenty (20) days prior to the scheduled hearing on an application for approval of a transfer of structured settlement payment rights under W.S. 1-16-604, the transferee shall file with the court and serve all interested parties a notice of the proposed transfer and application for its authorization, including with the notice:
(i) A copy of the transferee's application for transfer;
(ii) A copy of the transfer agreement;
(iii) A copy of the disclosure statement required under W.S. 1-16-603;
(iv) A listing of each of the payee's dependents, together with each dependent's age and date of birth;
(v) Notification that any interested party may support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing; and
(vi) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application shall be filed, which time shall be not less than fifteen (15) days after service of the transferee's notice, in order to be considered by the court.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 16 - Judgments Generally › Article 6 - Wyoming Structured Settlement Protection Act › Section 1-16-607 - General Provisions; Construction.

1-16-607. General provisions; construction.
(a) The provisions of this act may not be waived by any payee.
(b) Any transfer agreement entered into on or after July 1, 2006 by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. No transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
(c) No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for:
(i) Periodically confirming the payee's survival; and
(ii) Giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.
(d) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the requirements of this act.
(e) Nothing contained in this act shall be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to July 1, 2006 is valid or invalid.
(f) Compliance with the requirements of W.S. 1-16-603 and fulfillment of the conditions set forth in W.S. 1-16-604 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements of W.S. 1-16-603 or failure to fulfill the conditions set forth in W.S. 1-16-604.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 17 - Enforcement of Judgments › Article 1 - Executions Defined and Classified; Hearing › Section 1-17-101 - Execution Defined; Issuance; Kinds.

1-17-101. 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 property of the judgment debtor, including orders of sale; and
(ii) For the delivery of the possession of real property in which case the writ shall contain a specific description of the property and a command to the officer to whom the writ is delivered to deliver the property to the person entitled to it. The writ may also require the officer to recover damages for withholding possession and costs, or costs alone, out of the property of the person who withholds possession.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 17 - Enforcement of Judgments › Article 1 - Executions Defined and Classified; Hearing › Section 1-17-102 - Request for Hearing When Property Seized Under Execution.

1-17-102. 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 five (5) days, excluding Saturdays, Sundays and legal holidays, after the court receives the person's written request for a hearing to determine if the property seized is exempt from execution. The person whose property is seized shall file a written request for a hearing with the clerk of court within ten (10) days after seizure of his property.
(b) Except where the judgment is solely against corporate entities, the court shall attach to every money judgment a notice containing the following information:
"You are informed that since the judgment is entered the prevailing party may proceed to seize your property, funds or wages by execution or garnishment. In that event you may be entitled to the following exemptions:
(i) Social security benefits pursuant to 42 U.S.C. 407 and supplemental 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 benefits as 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 the case of consumer credit sales, leases or loans, as provided by W.S. 40-14-505;
(ix) Homestead, personal articles and articles used for carrying on a trade or business to the extent provided by W.S. 1-20-101 through 1-20-111;
(x) Other exemptions as provided by law.
To assert your right to any of the foregoing exemptions you shall file a written request with the clerk of court within ten (10) days after seizure of your property, funds or wages. If you fail to make a written request for a hearing and claim one (1) or more of the foregoing exemptions within ten (10) days after seizure of your property, funds or wages, you may waive or lose your right to claim the exemptions."
(c) The notice provided in this section shall be sent to the last known address of the judgment debtor by the clerk of court upon the request of any person before any property of the judgment debtor is seized by execution or garnishment.
(d) A copy of the money judgment together with the exemption information shall be transmitted by the court by first class United States mail, with the postage prepaid in envelopes furnished and properly addressed by the prevailing party.
(e) Notwithstanding any other provision of this section, a judgment 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 a hearing on his objections as provided by W.S. 1-15-507 and 1-15-508.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 17 - Enforcement of Judgments › Article 2 - Stay of Execution › Section 1-17-201 - Right to Stay; Procedure.

1-17-201. 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 in order to stay the execution of any judgment under this section or under W.S. 1-17-210 during the entire course of appellate review shall not, regardless of amount of the judgment, exceed two million dollars ($2,000,000.00) in any action in which all appellants are either individuals or have fifty (50) or fewer employees, or twenty-five million dollars ($25,000,000.00) in any other action; provided, however:
(i) That if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets which may affect the ultimate payment of all or any portion of the judgment, the district court, upon motion and hearing, may require the appellant to post a bond in an amount up to the amount of the judgment; or
(ii) That an appellee of a judgment to pay taxes or liens to the state of Wyoming shall post a bond in an amount not less than the full amount of the judgment plus interest and costs of the appeal, unless otherwise ordered, as provided in Rule 4.02(b) of the Wyoming Rules of Appellate Procedure.