This text of Wyoming § 1-15-107 (Notice of exemptions; right to a hearing;
procedures) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Within five (5) days after the court receives the
person's written request for a hearing, a person whose property
is attached or whose property is in the possession of another
person and is attached or garnished, and against whom no
judgment has been entered, is entitled to a hearing on the
attaching party's right to the property. The sheriff shall mail
to the person a copy of the order of attachment or writ of
garnishment and notice of the right to a hearing under this
section, at the time the order of attachment is executed or the
writ of garnishment is served on the garnishee. The papers
shall be sent by first class United States mail with the postage
prepaid and the envelopes furnished and properly addressed by
the plaintiff.
(b)The notice required by this section shall inform the
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(a) Within five (5) days after the court receives the
person's written request for a hearing, a person whose property
is attached or whose property is in the possession of another
person and is attached or garnished, and against whom no
judgment has been entered, is entitled to a hearing on the
attaching party's right to the property. The sheriff shall mail
to the person a copy of the order of attachment or writ of
garnishment and notice of the right to a hearing under this
section, at the time the order of attachment is executed or the
writ of garnishment is served on the garnishee. The papers
shall be sent by first class United States mail with the postage
prepaid and the envelopes furnished and properly addressed by
the plaintiff.
(b) The notice required by this section shall inform the
person of his right to request a hearing. The notice shall
inform him that certain benefits and property cannot be taken to
pay a debt and shall list the exempted benefits and property set
forth in paragraphs (i) through (x) of this subsection. The
notice shall also include a form for requesting a hearing and
instructions that if the person believes he is entitled to
retain or recover the property because it is exempt, or for any
other reason, he should sign the form requesting a hearing and
return or mail the form to the office of the clerk of court
within ten (10) days after the date the notice was mailed to
him. The request for hearing form shall set forth the following
exemptions and provide a place for the person to designate which
exemptions he claims:
(i) Social security benefits pursuant to 42 U.S.C.
407 and supplemental security income;
(ii) Veteran's benefits;
(iii) Black lung benefits;
(iv) Personal opportunities with employment
responsibilities (POWER) payments;
(v) Federal civil service and state retirement system
benefits as provided in 5 U.S.C. 8346 and W.S. 9-3-426, 9-3-620,
9-3-712 and 15-5-313;
(vi) Worker's compensation benefits;
(vii) Unemployment compensation benefits;
(viii) Earnings from personal services as defined by
W.S. 1-15-102(a)(vi);
(ix) Homestead, personal articles and articles used
for carrying on a trade or business to the extent provided by
W.S. 1-20-101 through 1-20-111;
(x) Other exemptions as provided by law.
(c) The notice shall state that there may be additional
exemptions not listed which may be applicable. Failure by the
person to claim an exemption on the request for hearing form
does not preclude him from claiming other exemptions or defenses
at a hearing on the matter. If a person fails to make a written
request for a hearing and claim exemptions pursuant to this
section within ten (10) days after the date the notice was
mailed to him, the notice shall state he may waive or lose his
rights under this section.
(d) The sheriff may withhold execution of the prejudgment
writ of attachment or garnishment until the plaintiff either
provides the person's last known address or a statement that the
plaintiff has no knowledge of the person's last known address.
The sheriff shall have no duty under this section if the
plaintiff provides a statement that the plaintiff has no
knowledge of the defendant's address.
(e) In the case of a post judgment writ of garnishment,
procedures for notice and hearing on a claim of exemptions shall
be as provided by W.S. 1-15-501 through 1-15-511 or 1-17-102.