reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 1 - In General › Section 1-15-103 - General Procedures Relating to Prejudgment Writs of Attachment, Replevin and Garnishment; Issuance of Writs Without Notice.

1-15-103. 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 issue only upon written motion and pursuant to a written order of the court;
(ii) The court shall not direct the issuance of the writ without notice to the adverse party and an opportunity to be heard unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury will result to the plaintiff before notice can be served and a hearing had thereon. A finding by the court that the plaintiff will suffer irreparable injury shall be made only if the court finds the existence of either of the following circumstances:
(A) There is present danger that the property will be immediately disposed of, concealed, or placed beyond the jurisdiction of the court; or
(B) The value of the property will be impaired substantially if the issuance of an order of attachment is delayed.
(iii) An order granted without notice authorizing the issuance of a writ shall be endorsed with the date and hour of issuance and shall be filed in the clerk's office and entered of record. The order shall define the injury and state why the injury is irreparable and why the order was granted without notice. The order, and any writ issued pursuant thereto, shall expire within a time fixed by the court, not to exceed ten (10) days after issuance. Within the time fixed, the court may, after notice and hearing, order the writ continued in effect or the adverse party may consent that the writ may be extended for a longer period. The reasons for the extension shall be entered of record;
(iv) If the order granting the writ is issued without notice, a hearing thereon shall be set for the earliest reasonable time;
(v) At the hearing on the issuance of the writ or its continuance, the plaintiff shall have the burden of establishing the facts justifying the issuance and continuance of the writ;
(vi) On notice to the plaintiff obtaining the issuance of the writ without notice, the adverse party may appear and move dissolution or modification of the writ, and in that event the court shall proceed to hear and determine the motion as expeditiously as possible;
(vii) Any notice required under this section shall be in a form and served in a manner as will expeditiously give the adverse party actual notice of the proceeding, all as directed by the court;
(viii) In the event that property has been seized by the sheriff pursuant to the issuance of a writ without notice, the property shall be retained by him subject to the order of the court.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 1 - In General › Section 1-15-104 - Prejudgment Writs; Bond Required; Objection to Plaintiff's Sureties; Hearing on Objections; Liability of Sureties.

1-15-104. 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 for the payment of all costs and damages which may be incurred or suffered by any party as a result of the wrongful issuance of the writ, not exceeding the sum specified in the bond.
(b) If the party for whose benefit a bond under subsection (a) of this section is given is not satisfied with the amount of the bond or the sufficiency of the sureties, he may, within five (5) days, excluding Saturdays, Sundays and legal holidays, after the receipt of a copy of the bond, serve upon the party giving the bond a notice that the party for whose benefit the bond is given objects to the amount of the bond or the sufficiency of the sureties. If the party for whose benefit the bond is given fails to object within the time allowed he is deemed to have waived all objection to the amount of bond and the sufficiency of the sureties.
(c) Notice of objections to the amount of bond and the sufficiency of sureties as provided in subsection (b) of this section shall be filed in the form of a motion for hearing on objections to the bond. Upon demand of the objecting party, each surety shall appear at the hearing of the motion and be subject to examination as to the surety's pecuniary responsibility or the validity of the execution of the bond. Upon hearing, the court shall approve or reject the bond as filed or require any amended, substitute or additional bond as the circumstances warrant. If the court rejects the bond or if the plaintiff fails within the time allowed to file any amended, substitute or additional bond required by the court, any property seized under the writ shall be returned to the defendant.
(d) The bond required by this section shall, in addition to other requirements, provide that each surety is subject to the jurisdiction of the court and irrevocably appoints the clerk of the court as the agent of the surety upon whom any papers affecting the liability of the surety on the bond may be served, and that the liability of the surety may be enforced on motion and upon notice as the court may require without the necessity of an independent action.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 1 - In General › Section 1-15-106 - Discharge of Improperly Issued Writs.

1-15-106. 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 irregularly issued. The court shall give the plaintiff reasonable opportunity to correct any defect in the complaint, affidavit, bond, writ or other proceeding so as to show that a legal cause for the writ existed at the time it was issued.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 1 - In General › Section 1-15-108 - Forms.

1-15-108. 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.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 2 - Attachment › Section 1-15-201 - When Attachment May Issue; Affidavit.

1-15-201. When attachment may issue; affidavit.
(a) Subject to W.S. 1-15-101 through 1-15-108 and the provisions of this article, at any time after the filing of the complaint in a civil action for the recovery of money, the plaintiff may have the property of the defendant not exempt from execution attached as security for the satisfaction of any judgment that may be recovered.
(b) Before a writ of attachment is issued, the plaintiff shall file with the court in which the action is pending an affidavit stating:
(i) That the defendant is indebted to the plaintiff, specifying the amount of the indebtedness over and above all legal setoffs and the nature of the indebtedness;
(ii) That the attachment is not sought to hinder, delay or defraud any creditor of the defendant;
(iii) That the payment of the indebtedness has not been secured by any mortgage or lien upon real or personal property in this state, or, if originally so secured, that the security has, without any act of the plaintiff or the person to whom the security was given, become impaired; and
(iv) Any one (1) or more of the following grounds for attachment:
(A) That the defendant is not a resident of this state;
(B) That the defendant is a foreign corporation, not qualified to do business in this state;
(C) That the defendant stands in defiance of an officer, or conceals himself so that process cannot be served upon him;
(D) That the defendant has assigned, removed, disposed of or concealed, or is about to assign, remove, dispose of or conceal, any of his property with intent to defraud his creditors;
(E) That the defendant has departed or is about to depart from the state to the injury of his creditors;
(F) That the defendant fraudulently or criminally contracted the debt or incurred the obligation respecting which the action is brought.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 2 - Attachment › Section 1-15-202 - Issuance of Writ; Contents.

1-15-202. 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 issued as often as he may require at any time before judgment, based upon the original affidavit and bond, if the amount of the bond is sufficient.
(c) In actions pending in district court or circuit court several writs may be issued at the same time to the sheriff of any county.
(d) The writ shall be issued in the name of the state of Wyoming and shall be directed to the sheriff of any county in which property of the defendant is located and shall require him to attach and safely keep all the property of the defendant within his jurisdiction not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which shall be stated in conformity with the complaint.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 2 - Attachment › Section 1-15-204 - Third Party Claims; Indemnity to Sheriff; Application for Release.

1-15-204. 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 the property held that may result by reason of its perishable character, he may require the plaintiff to file with the sheriff a surety bond, indemnifying the sheriff against any loss or damage by reason of the illegality of any holding or sale on execution, or by reason of damage to any personal property held under attachment. Unless a lesser amount is acceptable to the sheriff, the bond shall be in double the amount of the estimated value of the property to be seized.
(b) Any person not a party to the action, who claims ownership or right to possession of property attached, may, at any time, either before or after judgment, be made a party on his application for the purpose of removing or discharging the attachment. The court may grant summary relief as is just, and may in proper cases try appropriate issues by jury.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 2 - Attachment › Section 1-15-205 - Return of Sheriff; Inventory of Property.

1-15-205. 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 property attached.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 2 - Attachment › Section 1-15-206 - Examination of Defendant.

1-15-206. 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 of manual delivery to be delivered to the officer, on any terms as are just, having reference to any liens on or claims against the personal property, and may require a memorandum of the amount and description of all other personal property. The court shall make provision for witness fees and mileage as is just.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 2 - Attachment › Section 1-15-207 - Sale of Attached Property Before Judgment.

1-15-207. 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 be recovered in the action, unless released or discharged, or subjected to execution upon another judgment recovered previous to issuing the attachment.
(b) When property has been taken by an officer under a writ of attachment and the court is satisfied that the interest of the parties to the action will be served by a sale, the court may order the property sold in the same manner as property sold under an execution, and the proceeds deposited in the court to be disbursed pursuant to the judgment in the action. The order shall be made only upon notice to the adverse party if the party has been personally served or has entered an appearance in the action.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 2 - Attachment › Section 1-15-208 - Satisfaction of Judgment; Deficiency; Redelivery of Property.

1-15-208. Satisfaction of judgment; deficiency; redelivery of property.
(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 lien, by paying to the plaintiff the proceeds of all sales of perishable property sold by the sheriff, or of any debts or credits collected by the sheriff or as much as is necessary to satisfy the judgment. If any balance remains due and an execution has issued on the judgment, the sheriff shall sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough real or personal property for that purpose remains in his hands. Notice of the sales shall be given and the sales shall be conducted as in other cases of sales on execution.
(b) After selling all the property attached by the sheriff which remains in his hands, the sheriff shall deduct his fees and apply the proceeds and any debts or credits collected by him, to the payment of the judgment. If any balance remains due on the judgment, the sheriff shall proceed to collect it as upon an execution in other cases. When the judgment is paid in full, the sheriff upon reasonable demand, shall deliver to the defendant the attached property remaining in his hands and any proceeds of the property attached not applied to the judgment.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 2 - Attachment › Section 1-15-209 - Proceedings Where Defendant Prevails.

1-15-209. 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 the defendant, and the attachment shall be discharged and the property released therefrom.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 2 - Attachment › Section 1-15-210 - Release of Attachment Upon Real Property.

1-15-210. 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 notice of attachment has been filed.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 2 - Attachment › Section 1-15-211 - Attachment Before Maturity of Claim.

1-15-211. 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 its proceeds, shall be held subject to the judgment to be rendered, but no judgment shall be rendered on the claim until the obligation becomes due.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 3 - Replevin › Section 1-15-301 - Possession of Personal Property Pending Action.

1-15-301. 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 provided in this article.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 3 - Replevin › Section 1-15-302 - Affidavit.

1-15-302. 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 that he is entitled to the possession of it;
(iii) The property is wrongfully detained by the adverse party;
(iv) The alleged cause of the detention of the property according to the best knowledge, information and belief of the affiant;
(v) The property has not been taken for a tax, assessment or fine pursuant to a statute, or seized under an execution or an attachment against the property of the plaintiff, or if so seized, that it is by statute exempt from seizure; and
(vi) The actual value of the property.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 3 - Replevin › Section 1-15-303 - Issuance of Writ; Undertaking; Service.

1-15-303. 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 writ shall be issued in the name of the state of Wyoming and shall require the sheriff to take the property described in the affidavit and retain it in his custody until delivered as provided in this article. The sheriff shall execute the writ and without delay serve on the defendant a copy of the affidavit, undertaking and writ. If personal service cannot be made upon the defendant service shall be made by depositing a copy of the papers in the United States mail, postage prepaid, addressed to the defendant at his last known address.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 3 - Replevin › Section 1-15-304 - Delivery of Property.

1-15-304. 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.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 3 - Replevin › Section 1-15-305 - Return of Sheriff.

1-15-305. 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.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 3 - Replevin › Section 1-15-306 - Claim to Property by Third Party.

1-15-306. 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 the property or deliver it to the plaintiff, unless the plaintiff files with the sheriff a surety bond, indemnifying the sheriff against any loss or damage by reason of the illegality of any holding or delivery or by reason of damage to any personal property held under the writ of replevin. Unless a lesser amount is acceptable to the sheriff, the bond shall be in double the amount of the estimated value of the property seized.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-401 - Availability of Writ of Garnishment.

1-15-401. 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, other than earnings from personal services of the defendant, at any time after the filing of a complaint and before judgment, in cases in which a writ of attachment is available under W.S. 1-15-201.
(c) A post judgment writ of garnishment is available to satisfy a money judgment.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-402 - Property Subject to Garnishment.

1-15-402. 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 under the control or constituting a performance obligation of any third person, whether due or yet to become due at the time of service of the writ of garnishment, which are not exempt from garnishment or execution under any applicable provisions of state or federal law.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-403 - Affidavit for Writ of Prejudgment Garnishment.

1-15-403. 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 authorized by W.S. 1-15-201;
(ii) The grounds and cause for the garnishment;
(iii) That the plaintiff has good reason to believe that the defendant has nonexempt credits, chattels, goods, effects, debts, choses in action or other personal property or rights to obligations of performance in the possession or in the control or otherwise owing from one (1) or more specified third persons that plaintiff seeks to charge as garnishees or that such third persons are indebted to the defendant; and
(iv) That the property, rights or debts are not earnings for the personal services of the defendant, or otherwise exempt from garnishment.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-404 - Issuance of Writ of Prejudgment Garnishment.

1-15-404. 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.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-405 - Issuance of Writ of Post Judgment Garnishment; Multiple Writs.

1-15-405. 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 garnishment. The writ may be issued without the necessity for a bond.
(b) Several writs may be issued at the same time and the names of as many persons as are sought to be charged as garnishees may be inserted in the same writ or different writs.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-406 - Content of Writ of Prejudgment or Post Judgment Garnishment; to Whom Directed.

1-15-406. 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 garnishee. The writ shall advise each person that until further order of the court or until the garnishee has complied with the requirements of W.S. 1-15-407(c), he is attached as garnishee in the action, command him not to pay any debt due or to become due to the defendant which is not exempt from execution and to retain possession and control of all credits, chattels, goods, effects, debts, choses in action, money and personal property and rights to property of the defendant not exempt from execution.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-407 - Answer of Garnishee; Release of Garnishee.

1-15-407. 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 answer of the garnishee shall state:
(i) Whether the garnishee is indebted to the defendant, either in property or in money, whether the same is now due and, if not, when it is to become due;
(ii) Whether the garnishee has in his possession, custody or control any credits, chattels, goods, effects, debts, choses in action, money or other personal property belonging to the defendant, or in which the defendant has an interest, and if so, the description and value of the same;
(iii) Whether the garnishee knows of any debts owing to the defendant or of any credits, chattels, goods, effects, debts, choses in action, money or other personal property belonging to the defendant or in which defendant has an interest, whether in the possession or under the control of the garnishee or another, and if so, the particulars thereof;
(iv) If the defendant is an employee of the garnishee, the defendant's job title, position or occupation, the defendant's rate and method of compensation, his pay period and the computation of the amount of the defendant's accrued disposable earnings attached by the writ;
(v) Whether the garnishee, pursuant to W.S. 1-15-417, is retaining or deducting any amount in satisfaction of a claim the garnishee has against the plaintiff or the defendant, a designation as to whom the claim relates and the amount retained or deducted.
(b) The garnishee shall mail a copy of his answer to the plaintiff and defendant if, at the time he is served with the writ, the garnishee is furnished with stamped envelopes addressed to the parties.
(c) The garnishee shall be released from the writ of garnishment not later than thirty (30) days after service of the writ on the garnishee, unless sooner released by order of the court, provided, that the garnishee has first filed with the court the verified answer required by subsection (a) of this section and delivered to the court all of the defendant's credits, chattels, goods, effects, debts, choses in action, money, personal property and rights to property not exempt from execution, in the possession of the garnishee or coming into his possession within thirty (30) days after service of the writ.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-409 - Service of Writ; Return; Copy to Defendant.

1-15-409. 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 the writ shall mail a copy of the writ to the defendant. The writ shall be sent by first class United States mail with the postage prepaid. The envelope shall be furnished and properly addressed by the plaintiff.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-410 - Release or Discharge of Garnishment.

1-15-410. 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 W.S. 1-15-105(a)(ii) shall be to the effect that if the plaintiff is entitled to execute the writ upon the property seized, the defendant will pay an amount equal to the value of the property, together with interest and all costs assessed against him, not exceeding the sum specified in the bond.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-411 - Delivery of Property.

1-15-411. Delivery of property.
(a) 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 writ to the court. The property shall then be dealt with as ordered by the court. After the property is delivered, the garnishee shall be relieved from further liability in the proceedings, unless his answer is successfully controverted as provided in this article.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-412 - Reply to Answer of Garnishee; Trial of Issues; Judgment.

1-15-412. Reply to answer of garnishee; trial of issues; judgment.
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 garnishee's answer. Either party may also allege any matters which would charge the garnishee with liability. New matter in a reply is deemed denied. Matters in issue shall be tried to the court and judgment entered as in other civil actions. Costs shall be awarded to the prevailing party unless the court otherwise directs.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-413 - Judgment on Answer of Garnishee.

1-15-413. 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 the answer shows that the garnishment has attached personal property of any kind in the possession or under the control of the garnishee which belongs to and is due the defendant, the court shall enter judgment that the garnishee deliver the personal property to the sheriff. If the plaintiff has already recovered, or subsequently recovers judgment against the defendant in the action, the personal property or as much as may be necessary shall be sold upon execution and the proceeds applied toward the satisfaction of the judgment, together with the costs of the action and proceedings. Any surplus of the personal property or the proceeds thereof shall be returned to the defendant.
(b) If the answer shows that the garnishee is indebted to the defendant, and if the plaintiff has recovered, or subsequently recovers judgment against the defendant in the action, the court shall also enter judgment in favor of the defendant for the use of the plaintiff against the garnishee. The judgment shall be the amount attached as shown in the answer but shall not be for a greater sum than is necessary to satisfy the judgment against the defendant, together with costs. In no event shall the garnishee be chargeable with costs except under the provisions of W.S. 1-15-412 and 1-15-414.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-414 - Proceedings on Failure of Garnishee to Answer.

1-15-414. 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 of the garnishee. The garnishee may be ordered to appear before the court or a master appointed by the court and be examined in the same manner as persons are examined under the discovery provisions of the Wyoming Rules of Civil Procedure. The court may make provision for witness fees and mileage as is just, provided that if any garnishee has willfully failed to file any required answer, he may be required to pay the costs of any proceeding taken for the purpose of obtaining the information required to be furnished in the answer. Judgment shall be entered upon the evidence to the same effect as if the garnishee had answered. Costs shall be awarded to the prevailing party unless the court otherwise directs.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-415 - Judgment Discharges Garnishee for Amount Paid.

1-15-415. 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.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-416 - Intervention or Interpleader of Third Persons.

1-15-416. 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 of the garnishee discloses that any person other than the defendant claims the indebtedness or property in his hands, the court may on motion order that the claimant be interpleaded as a defendant to the garnishee action. Notice in such form as the court shall direct, together with a copy of the order, shall be served upon the third-party claimant in the manner required for the service of a summons. The garnishee may pay or deliver to the court the indebtedness or property, which shall be a complete discharge from all liability to any party for the amount paid or property delivered. The third-party claimant shall be deemed a defendant to the garnishee action and shall answer within ten (10) days, setting forth his claim or defense. In case of default, judgment may be rendered as in other cases of default which shall conclude any claim upon the part of the third-party claimant.
(c) Any person who intervenes or is interpleaded as a defendant under this section is bound by the judgment in the garnishee action.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-417 - Claims of Garnishee Against Plaintiff or Defendant.

1-15-417. Claims of garnishee against plaintiff or defendant.
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 had not been served as garnishee. The garnishee is liable for the balance only after all mutual demands between himself and the plaintiff and defendant are settled, not including unliquidated damages for wrongs and injuries. The verdict or findings, if any, and the judgment shall show against which party any claim is allowed, and the amount thereof.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-418 - Liability of Garnishee on Negotiable Instruments.

1-15-418. Liability of garnishee on negotiable instruments.
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 negotiable instrument is not due.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-419 - When Garnishee Is Mortgagee or Pledgee.

1-15-419. 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 court authorizing the plaintiff to pay the amount due the garnishee, and requiring the garnishee to deliver the personal property, choses in action and effects, to the officer serving the writ of prejudgment or post judgment garnishment upon payment to the garnishee of the amount due him by the plaintiff.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-420 - Where Property Held to Secure Performance of Other Obligation.

1-15-420. 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 if:
(i) The personal property, choses in action or effects secure any obligation other than the payment of money; and
(ii) The obligation secured can be performed by the plaintiff without damage to the interested persons.
(b) Upon performance under subsection (a) of this section or any tender thereof which is refused, the garnishee shall deliver the personal property and effects to the officer serving the writ.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-421 - Disposition of Property.

1-15-421. 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 provisions of W.S. 1-15-411, provided that the plaintiff shall, out of the proceeds thereof:
(i) Be first repaid the amount paid by him to the garnishee for the redemption of the property, choses in action or effects; or
(ii) Be indemnified for any other act or thing done by him or performed pursuant to the order of the court for the redemption of the property, choses in action or effects.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-422 - Effect of Discharge of Garnishee.

1-15-422. 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.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-423 - Execution on Judgment Against Garnishee for Debt Not Due.

1-15-423. Execution on judgment against garnishee for debt not due.
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.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-424 - Failure to Proceed Against Nonexempt Garnished Earnings.

1-15-424. Failure to proceed against nonexempt garnished earnings.
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 judgment garnishment, the writ of garnishment which commanded the garnishee to hold the nonexempt portion of the defendant's earnings shall be released and discharged without further order of the court. In that event the garnishee shall pay to the judgment debtor that portion of his earnings which had been held pursuant to the writ of garnishment.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 4 - Garnishment › Section 1-15-425 - Garnishee Bound.

1-15-425. Garnishee bound.
A garnishee served with a writ of prejudgment or post judgment garnishment shall hold for the benefit of the plaintiff all property of the defendant in his possession, and money and credits due from him to the defendant, from the time he is served with the writ until the writ is discharged.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 5 - Continuing Garnishment › Section 1-15-501 - Definitions.

1-15-501. Definitions.
(a) As used in this article:
(i) "Continuing garnishment" means any procedure for withholding the earnings of a judgment debtor for successive pay periods for payment of a judgment debt;
(ii) "Court" means any district court or circuit court of this state;
(iii) "Disposable earnings" means that part of an individual's earnings remaining after the deduction of all amounts required by law to be withheld;
(iv) "Earnings" means compensation paid or payable for personal services, including but not limited to wages, salary, commission, bonus, proceeds of any pension or retirement benefits or deferred compensation plan. "Earnings" does not include compensation paid as per diem;
(v) "Garnishee" means a person other than a judgment creditor or judgment debtor who is in possession of earnings of the judgment debtor and who is subject to garnishment in accordance with the provisions of this article;
(vi) "Garnishment" means any procedure through which the property or earnings of an individual in the possession or control of a garnishee are required to be withheld for payment of a judgment debt;
(vii) "Judgment creditor" means any person who has recovered a money judgment against a judgment debtor in a court of competent jurisdiction;
(viii) "Judgment debtor" means any person who has a judgment entered against him in a court of competent jurisdiction.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 5 - Continuing Garnishment › Section 1-15-502 - Continuing Garnishment; Creation of Lien.

1-15-502. Continuing garnishment; creation of lien.
(a) In addition to garnishment proceedings otherwise available under the laws of this state, in any case in which a money judgment is obtained in a court of competent jurisdiction the judgment creditor or his assignees shall be entitled, in accordance with this article, to have the clerk of the court issue a writ for continuing garnishment against any garnishee who is an employer of the judgment debtor. Issuance of a writ of execution is not a prerequisite to issuance of a writ of continuing garnishment. To the extent that the earnings are not exempt from garnishment, the garnishment shall be a lien and continuing levy upon the earnings due or to become due to the judgment debtor at the time the writ of continuing garnishment is served on the garnishee.
(b) Subject to the provisions of W.S. 1-15-504, garnishment pursuant to subsection (a) of this section shall be a lien and continuing levy against said earnings due until such time as the employment relationship is terminated, the underlying judgment is vacated, modified or satisfied in full, the writ is dismissed, or ninety (90) days have expired since service of the writ, whichever is sooner. A continuing garnishment may be suspended for a specified period of time by the judgment creditor upon agreement with the judgment debtor. The agreement shall be in writing and filed by the judgment creditor with the clerk of the court in which the judgment was entered and a copy of the agreement shall be delivered by the judgment creditor to the garnishee.
(c) Continuing garnishment pursuant to this article shall apply only to proceedings against the earnings of a judgment debtor who is a natural person.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 15 - Attachment, Replevin and Garnishment › Article 5 - Continuing Garnishment › Section 1-15-503 - Earnings Subject to Continuing Garnishment.

1-15-503. Earnings subject to continuing garnishment.
(a) Subject to the provisions of W.S. 1-15-504, any earnings owed by the garnishee to the judgment debtor at the time of service of the writ of continuing garnishment upon the garnishee and all earnings accruing from the garnishee to the judgment debtor from the date of service up to and including the ninetieth day thereafter is subject to the process of continuing garnishment.
(b) Notwithstanding the provisions of subsection (a) of this section, the exemptions from garnishment shall apply to continuing garnishments.