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See Wyoming Judgment Enforcement Law below.
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Judgments and Enforcement:
A judgment entered in the court of the State of Wyoming generally becomes dormant if execution is not issued within five (5) years from the date of the judgment or from the date of the last issuance of an execution. (WS 1-17-307.) A dormant judgment may be revived within 21 years unless the party entitled to bring action was a minor or subject to any other legal disability at the time the judgment became dormant. In that case, the revival action may be brought within 15 years after the disability has ceased. (WS 1-16-503.)
A judgment may become a lien upon all real estate of the judgment debtor in any county in which a judgment transcript is filed and recorded. (WS 1-17-304.) Except for property exempt by law, all property of the judgment debtor, both real and personal is subject to execution. (WS 1-17-301.) Execution may be against the property of a judgment debtor or for the delivery of the possession of real property. (WS 1-17-101.) The earnings of a judgment debtor may also be garnished to the extent of the lesser of 25% of the judgment debtor's disposable earnings for a work week, or the amount by which 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). (WS 1-15-408.)
Any person, with the assent of the creditor or person having a cause of action against him, may confess to judgment in personally in open court. (WS 1-16-201.) If the confession is made by an attorney, the attorney must filed an original warrant with the court. (WS 1-16-202.)
The State of Wyoming generally adopts the Uniform Enforcement of Foreign Judgments Act. (WS 1-17-701 to 1-17-707.) Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Wyoming. (WS 1-17-702.)
A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, an authenticated copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a district court in the State of Wyoming and may be enforced or satisfied in like manner. (WS 1-17-703.)
Upon the filing of the foreign judgment and affidavit, the clerk of the court and the creditor are required to mail a written notice of the filing of the foreign judgment to the judgment debtor at the address given. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. No execution or other process for enforcement of a foreign judgment may be issued until 5 days after the date the judgment is filed. (WS 1-17-704.)
Legal rate: 7% per annum if there is no agreement or provision of law for a different rate (WS 40-14-105(e).)
Written Contract rate: Under the Wyoming Consumer Credit Code, finance charges for consumer credit services may not exceed 36% per annum if the balance owed does not exceed $1,000.00; 21% per annum if the balance owed exceeds $1,000.00. If the the amount financed is in excess of $50,000.00, the interest rate may be any amount specified in the agreement entered into between the parties. (WS 40-14-212(b).)
Judgment rate: 10% per annum if there is no specified rate in the contract. If the judgment is founded on a contract which contains an agreed rate, then interest on the judgment shall correspond to the terms of the contract. (WS 1-16-102.)
In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
A judgment debtor is generally entitled to a homestead exemption not to exceed $10,000 in value against execution and attachment arising from any debt, contract or civil obligation. (WS 1-20-101.) The homestead may consist of a house and lot, a farm consisting of any number of acres, or a house trailer or other moveable home with a value not to exceed $6,000 which is being used as the residence of the debtor. (WS 1-20-104.)
Personal property which may be exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in the State of Wyoming, may include wearing apparel not to exceed $1,000.00 in value; family bible, pictures and school books; a lot in any cemetery or burial ground; furniture, bedding, provisions and other household articles of any kind or character as the debtor may select, not exceeding in all the value of $2,000.00; a motor vehicle not exceeding in value $2,400.00; tools, team, implements or stock in trade of any person, used and kept for the purpose of carrying on his trade or business, not exceeding in value $2,000.00, or the library, instruments and implements of any professional person, not exceeding in value $2,000.00. (WS 1-20-106.) Other personal property which may be exempt from execution, attachment, garnishment or any other process issued by any court may include retirement plan, pension or annuity and qualified medical savings account (WS 1-20-110.), social security benefits and supplemental security income, veteran's benefits, black lung benefits, personal opportunities with employment responsibilities (POWER) payments, federal civil service and state retirement system benefits as provided in 5 U.S.C. 8346 and W.S. 9-3-426 and 9-3-620, worker's compensation benefits and unemployment compensation benefits. (WS 1-17-102.)
In a bankruptcy proceeding, any person who domiciles in the State of Wyoming is not authorized to elect the exemptions provided in 11 U.S.C. s522(d). The term "domicile" means any resident who has been located in Wyoming for the one hundred eighty (180) days immediately preceding the date of the filing of the bankruptcy petition or for a longer portion of the one hundred eighty (180) day period than in any other place. (WS 1-20-109.)
Statutes of Limitations
Civil actions generally can be commenced only within certain time limitations. The time generally runs from the date a cause of action accrues or from the date injury or damages are discovered or should have been discovered.
When a cause of action accrues is a critical issue and may be different on a case by case basis. A creditor should always consult actual legal counsel to determine its right to action under the applicable statutes. Some of the time limitations relevant to credit and collection matters are as follows:
Written contract 10 years WS 1-3-105(a)(i)
Oral contract 8 years WS 1-3-105(a)(ii)(A)
Sale of Goods 4 years WS 34.1-2-725
Fraud or mistake 3 years WS 1-3-105(a)(iv)(D)
Injury to personal property 4 years
An injury to a right not
arising on contract and not enumerated by statute 4 years