§ 1-15-504 — Priority between multiple garnishments

Wyoming § 1-15-504

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 15: ATTACHMENT, REPLEVIN AND GARNISHMENT
• Art. 5: CONTINUING GARNISHMENT

Text

(a) Only one (1) writ of continuing garnishment against
earnings due the judgment debtor shall be satisfied at one (1)
time. When more than one (1) writ of continuing garnishment has
been issued against earnings due the same judgment debtor, they
shall be satisfied in the order of service on the garnishee.
When a writ of continuing garnishment is served upon a garnishee
during the effective period of a prior writ of continuing
garnishment, service of the subsequent writ shall be deemed
effective from the time the liens of all prior writs have
terminated. Except as otherwise provided in this section, a
lien and continuing levy obtained pursuant to this article shall
have priority over any subsequent garnishment lien or wage
attachment. In any civil action, a judgment creditor shall
serve no more than one (1) writ of continuing garnishment upon
any one (1) garnishee for the same judgment debtor during any
ninety (90) day period.
(b) Where a continuing garnishment has been suspended for
a specific period of time by agreement of the parties pursuant
to W.S. 1-15-502(b), the suspended continuing garnishment shall
have priority over any writ of garnishment or continuing
garnishment served on the garnishee after the suspension has
expired. No suspension shall extend the running of the ninety
(90) day effective period of the writ nor otherwise affect
priorities.
(c) Notwithstanding any other provision of this section,
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 continuing garnishment. If an income withholding order is
served during the effective period of a writ of continuing
garnishment, the effective period shall be tolled and all
priorities preserved until the termination of the income
withholding order.
(d) Any writ of garnishment or continuing garnishment
served upon a garnishee while any previous writ of continuing
garnishment is still in effect shall be answered by the
garnishee with a statement that he has been served previously
with one (1) or more writs of continuing garnishment against
earnings due the judgment debtor and specifying the date on
which all such liens are expected to terminate.
(e) Upon the termination of a lien and continuing levy
obtained pursuant to this article, any other writ of garnishment
or continuing garnishment which has been issued or which is
issued subsequently against earnings due the judgment debtor
shall have priority in the order of service on the garnishee.
The person who serves a writ of continuing garnishment on a
garnishee shall note the date and time of the service.