Wyoming Procedural Requirements for Wage Garnishment

[Credit Expert]

Wyoming Procedural Requirements for Wage Garnishment

At any time after entry of judgment, the judgment creditor may obtain discovery by interrogatories, depositions or otherwise, from any person, including the judgment debtor, in accordance with the Wyoming Rules of Civil Procedure. A person served with notice of discovery shall hold for the benefit of the judgment creditor from the time of service all property, money and credits in his hands belonging to the judgment debtor or due to him. Wyo. Statute. Ann. _ 117402.

A post judgment writ of garnishment is available to satisfy a money judgment. Wyo. Statute. Ann. _ 115401. 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 or more writ of post judgment garnishment. Wyo. Statute. Ann. _ 115405.

A writ of post judgment garnishment shall be issued in the name of the Statutee 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 _ 115 407(c) (answer and delivery to court), 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, chooses in action, money and personal property and rights to property of the defendant not exempt from execution. Wyo. Statute. Ann. _ 115406.

The garnishee shall mail a copy of his answers 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. Wyo. Statute. Ann. _ 115407.

A writ of post judgment garnishment shall be served on the garnishee in the same manner as a summons (personal service). Not later than 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 papers [writ] shall be sent by first class United Statutees mail with postage prepaid. The envelopes [envelope] shall be furnished and properly addressed by the plaintiff. Wyo. Statute. Ann. _ 115409.

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 post judgment garnishment when the negotiable instrument is not due. Wyo. Statute. Ann. _ 115418.

Interest Rate at which Judgments Accrue

All decrees and judgments for the payment of money shall bear interest at ten percent per year from the date of rendition until paid. 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. 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 shall not bear interest. Wyo. Statute. Ann. _ 116102. 4.0.