§ 1-15-408 — Garnishment of earnings for personal services

Wyoming § 1-15-408

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 15: ATTACHMENT, REPLEVIN AND GARNISHMENT
• Art. 4: GARNISHMENT

Text

(a) A writ of post judgment garnishment attaching earnings
for personal services shall attach that portion of the
defendant's accrued and unpaid disposable earnings, specified in
subsection (b) of this section. The writ shall direct the
garnishee to withhold from the defendant's accrued disposable
earnings the amount attached pursuant to the writ and to pay the
exempted amount to the defendant at the time his earnings are
normally paid. A defendant's disposable earnings shall remain
exempt to the extent provided in subsection (b) of this section
if the earnings were deposited in the defendant's account with a
financial institution within twenty (20) calendar days prior to
service of a writ of garnishment against the defendant'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
defendant'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 defendant an answer to the writ of garnishment.
A judgment creditor may request that the court issue writs of
garnishment to a defendant's employer and the defendant's
financial institution at the same time; provided, however, that
should the judgment creditor successfully garnish earnings as
shown on a defendant'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. Earnings for
personal services shall be deemed to accrue on the last day of
the period in which they were earned or to which they relate.
If the writ is served before or on the date the defendant's
earnings accrue and before the same have been paid to the
defendant, the writ shall be deemed to have been served at the
time the periodic earnings accrue. If more than one (1) writ is
served, the writ first served shall have priority.
Notwithstanding any other provision of this subsection, an
income withholding order for child support obtained pursuant to
W.S. 20-6-201 through 20-6-222 shall have priority over any
other garnishment.
(b) The maximum portion of the aggregate disposable
earnings of an individual which are subject to garnishment is
the lesser of:
(i) Twenty-five percent (25%) of defendant's
disposable earnings for that week; or
(ii) The amount by which defendant's aggregate
disposable earnings computed for that week exceeds thirty (30)
times the federal minimum hourly wage prescribed by the Fair
Labor Standards Act of 1938, 29 U.S.C. 206(a)(1), in effect at
the time the earnings are payable, or, in case of earnings for
any pay period other than a week, any equivalent multiple
thereof prescribed by the administrator of the Wyoming Uniform
Consumer Credit Code in the manner provided by W.S.
40-14-505(b)(iii).
(c) Unless a garnishee is specifically informed by
affidavit of the plaintiff that the defendant has other periodic
earnings from sources other than from the garnishee and the
amount thereof, the garnishee shall treat the defendant's
earnings becoming due from the garnishee as the defendant's
entire aggregate earnings for the purpose of computing the sum
attached by the garnishment.