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Judgments

 

How can I collect my Judgment?

The Clerk of the Court cannot collect your judgment or give you legal advice, however, the following procedures may help you collect:

  1. Obtain a certified copy of the Judgment from the Clerk's office where your suit was filed.
  2. Record the certified copy with the County Clerk in the county where the defendant resides and any county where the defendant may have real property.

Can I place a lien against the defendant's property?

After recording the certified copy of the judgment with the County Clerk, it becomes a lien against any real property then owned or thereafter acquired by the defendant in his/her name. A judgment has a lifetime of 5 years from the last date of execution or date of judgment. A dormant judgments may be revived per Wyoming Statute 1-16-501 et seq.

What is a Writ of Execution? and how do I obtain one?

A Writ of Execution is a method directed by the Court to attempt to enforce a judgment that has been granted. It authorizes a sheriff to levy on property belonging to the defendant within the State of Wyoming. If you can locate and describe any property owned by the defendant, real or personal, you can secure a Writ of Execution You will need to take the Writ of Execution to the Sheriff's Department. They will advise you of the costs to proceed with the writ.

What is a Garnishment? And how do I obtain one?

A 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. Garnishments are a “one shot” deal. The District Court does not have any forms for garnishments but you may look through our files for examples. Once all the paper work is complete the Clerk of District Court will issue the garnishment and you will need to take the garnishment to the Sheriff’s Department. The Sheriff’s office charges $50 to serve the garnishment. If any money is taken, it will be deposited with the Clerk of District Court’s office. You will then need to prepare a Motion and Order to Pay over.

What is a Continuing Garnishment? And how do I obtain one?

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. The garnishment 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. The District Court does not have any forms for garnishments but you may look through our files for examples. Once all the paper work is complete the Clerk of District Court will issue the garnishment and you will need to take the garnishment to the Sheriff’s Department. The Sheriff’s office charges $50 to serve the garnishment. If any money is sent to the District Court, it is held for six days and then automatically paid out to you.

NOTE: Other procedures are available to obtain information to help you in the collection of your judgment; however, the Clerk's office is unable to assist you any further.

How is a judgment satisfied and cleared from the Official Record Books?

Prior to the actual levy of execution being issued, all final judgments in the courts of the State of Wyoming for the payment of money may be satisfied by the full payment of such judgment with interest thereon. The defendant may pay the plaintiff directly the full amount of judgment and interest from the date of the entry of the judgment. The plaintiff, or attorney of record in the case of the judgment, to whom such payment is made, shall execute in writing an instrument acknowledging satisfaction of the judgment. It shall be acknowledged and recorded in the Clerk of District Court’s office.

What if the defendant moves out of state?

Often defendants or persons who have a money judgment against them move out of the state of Wyoming. If you wish your judgment to follow that person you must contact the other state to see what their procedure is for filing a foreign judgment. You will need to obtain an exemplified copy of your judgment from this court in order to proceed. The cost of this copy is $5.00.

 

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