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 […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
1-15-408. Garnishment of earnings for personal services. (a) A writ of post judgment garnishment attaching earnings for personal services shall attach that portion of the defendant’s accrued and unpaid disposable earnings, specified in subsection (b) of this section. The writ shall direct the garnishee to withhold from the defendant’s accrued disposable earnings the amount attached […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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. […]
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.
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 […]
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 […]
