§ 40-14-505 — Limitation on garnishment

Wyoming § 40-14-505

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 14: WYOMING UNIFORM CONSUMER CREDIT CODE
• Art. 5: REMEDIES AND PENALTIES

Text

(a) For the purposes of this part:
(i) "Disposable earnings" means that part of the
earnings of an individual remaining after the deduction from
those earnings of amounts required by law to be withheld; and
(ii) "Garnishment" means any legal or equitable
procedure through which the earnings of an individual are
required to be withheld for payment of a debt.
(b) The maximum part of the aggregate disposable earnings
of an individual for any workweek which is subjected to
garnishment to enforce payment of a judgment arising from a
consumer credit sale, consumer lease, or consumer loan may not
exceed the lesser of:
(i) Twenty-five percent (25%) of his disposable
earnings for that week; or
(ii) The amount by which his disposable earnings for
that week exceed thirty (30) times the federal minimum hourly
wage prescribed by section (6)(a)(1) of the Fair Labor Standards
Act of 1938, U.S.C. tit. 29, § 206(a)(1), in effect at the time
the earnings are payable;
(iii) In the case of earnings for a pay period other
than a week, the administrator shall prescribe by rule a
multiple of the federal minimum hourly wage equivalent in effect
to that set forth in paragraph (b)(ii) of this section.
(c) No court may make, execute, or enforce an order or
process in violation of this section.
(d) An individual's disposable earnings shall remain
exempt to the extent provided in subsection (b) of this section
if the earnings were deposited in the individual's account with
a financial institution within twenty (20) calendar days prior
to service of a writ of garnishment against the individual's
account with the financial institution, on the day of service of
the writ or within ten (10) business days after service of the
writ. This subsection does not create any obligation on the
part of a financial institution to conduct an investigation of
the individual's account or otherwise make any determination
about a judgment creditor's rights to funds in the account other
than the financial institution's obligation to file with the
court and serve on the individual an answer to the writ of
garnishment. A judgment creditor may request that the court
issue writs of garnishment to an individual's employer and the
individual's financial institution at the same time; provided,
however, that should the judgment creditor successfully garnish
earnings as shown on an individual's pay advice, then the
remaining proceeds from such pay advice deposited into an
account with a financial institution shall be entirely exempt
from execution, notwithstanding subsection (b) of this section.
(e) As used in this section, "financial institution" means
as defined in W.S. 13-1-401(a)(ii).