Wyoming § 1-15-104 Prejudgment writs; bond required; objection to
plaintiff's sureties; hearing on objections; liability of
sureties

Wyoming Statutes

§ 1-15-104 — Prejudgment writs; bond required; objection to plaintiff's sureties; hearing on objections; liability of sureties

Wyoming·Title 01 Civil Procedure·Ch. 15 ATTACHMENT, REPLEVIN AND GARNISHMENT·Art. 1 IN GENERAL

(a)No prejudgment writ of attachment, replevin or garnishment shall issue unless the plaintiff files with the clerk a surety bond in an amount fixed by the court for the payment of all costs and damages which may be incurred or suffered by any party as a result of the wrongful issuance of the writ, not exceeding the sum specified in the bond.

(b)If the party for whose benefit a bond under subsection

(a)of this section is given is not satisfied with the amount of the bond or the sufficiency of the sureties, he may, within five

(5)days, excluding Saturdays, Sundays and legal holidays, after the receipt of a copy of the bond, serve upon the party giving the bond a notice that the party for whose benefit the bond is given objects to the amount of the bond or the sufficiency of the sureties

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(a) No prejudgment writ of attachment, replevin or
garnishment shall issue unless the plaintiff files with the
clerk a surety bond in an amount fixed by the court for the
payment of all costs and damages which may be incurred or
suffered by any party as a result of the wrongful issuance of
the writ, not exceeding the sum specified in the bond.
(b) If the party for whose benefit a bond under subsection
(a) of this section is given is not satisfied with the amount of
the bond or the sufficiency of the sureties, he may, within five
(5) days, excluding Saturdays, Sundays and legal holidays, after
the receipt of a copy of the bond, serve upon the party giving
the bond a notice that the party for whose benefit the bond is
given objects to the amount of the bond or the sufficiency of
the sureties. If the party for whose benefit the bond is given
fails to object within the time allowed he is deemed to have
waived all objection to the amount of bond and the sufficiency
of the sureties.
(c) Notice of objections to the amount of bond and the
sufficiency of sureties as provided in subsection (b) of this
section shall be filed in the form of a motion for hearing on
objections to the bond. Upon demand of the objecting party,
each surety shall appear at the hearing of the motion and be
subject to examination as to the surety's pecuniary
responsibility or the validity of the execution of the bond.
Upon hearing, the court shall approve or reject the bond as
filed or require any amended, substitute or additional bond as
the circumstances warrant. If the court rejects the bond or if
the plaintiff fails within the time allowed to file any amended,
substitute or additional bond required by the court, any
property seized under the writ shall be returned to the
defendant.
(d) The bond required by this section shall, in addition
to other requirements, provide that each surety is subject to
the jurisdiction of the court and irrevocably appoints the clerk
of the court as the agent of the surety upon whom any papers
affecting the liability of the surety on the bond may be served,
and that the liability of the surety may be enforced on motion
and upon notice as the court may require without the necessity
of an independent action.

Wyoming § 1-15-104 (Prejudgment writs; bond required; objection to plaintiff's sureties; hearing on objections; liability of sureties) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.