§ 1-15-201 — When attachment may issue; affidavit

Wyoming § 1-15-201

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 15: ATTACHMENT, REPLEVIN AND GARNISHMENT
• Art. 2: ATTACHMENT

Text

(a) Subject to W.S. 1-15-101 through 1-15-108 and the
provisions of this article, at any time after the filing of the
complaint in a civil action for the recovery of money, the
plaintiff may have the property of the defendant not exempt from
execution attached as security for the satisfaction of any
judgment that may be recovered.
(b) Before a writ of attachment is issued, the plaintiff
shall file with the court in which the action is pending an
affidavit stating:
(i) That the defendant is indebted to the plaintiff,
specifying the amount of the indebtedness over and above all
legal setoffs and the nature of the indebtedness;
(ii) That the attachment is not sought to hinder,
delay or defraud any creditor of the defendant;
(iii) That the payment of the indebtedness has not
been secured by any mortgage or lien upon real or personal
property in this state, or, if originally so secured, that the
security has, without any act of the plaintiff or the person to
whom the security was given, become impaired; and
(iv) Any one (1) or more of the following grounds for
attachment:
(A) That the defendant is not a resident of this
state;
(B) That the defendant is a foreign corporation,
not qualified to do business in this state;
(C) That the defendant stands in defiance of an
officer, or conceals himself so that process cannot be served
upon him;
(D) That the defendant has assigned, removed,
disposed of or concealed, or is about to assign, remove, dispose
of or conceal, any of his property with intent to defraud his
creditors;
(E) That the defendant has departed or is about
to depart from the state to the injury of his creditors;
(F) That the defendant fraudulently or
criminally contracted the debt or incurred the obligation
respecting which the action is brought.