§ 1-15-508 — Hearing on objection

Wyoming § 1-15-508

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

Text

(a) Upon the filing of an objection pursuant to W.S.
1-15-507(a), the court in which the judgment was entered shall
set a time for the hearing of the objection, which shall be not
more than ten (10) days, excluding Saturdays, Sundays and legal
holidays, after filing. The clerk of the court where the
objection is filed shall immediately inform the judgment
creditor or his attorney of record and the judgment debtor or
his attorney of record by telephone, by mail or in person of the
date set for the hearing.
(b) The certificate of the clerk of the court that service
of notice of the hearing has been made in the manner and form
stated in subsection (a) of this section, which certificate has
been attached to the court file, shall constitute prima facie
evidence of service, and the certificate of service filed with
the clerk of the court is sufficient return of service.
(c) Upon hearing, the court shall determine whether the
amount of the judgment debtor's exempt earnings was correctly
calculated by the garnishee and shall enter an order or judgment
setting forth the determination of the court. If the amount of
exempt earnings is found to have been miscalculated, the court
shall order the clerk of the court to remit the amount of over
garnished earnings to the judgment debtor.
(d) If the judgment debtor moves the court to hear an
objection within the time provided by W.S. 1-15-507(c) and the
judgment giving rise to the claim has been satisfied against
earnings of the judgment debtor, the court shall determine
whether the amount of the judgment debtor's earnings paid to the
judgment creditor was correctly calculated and shall issue an
order setting forth the determination of the court. If the
amount of earnings is found to have been miscalculated, the
court shall order the judgment creditor to remit immediately the
amount of the over garnished earnings to the judgment debtor.
(e) Any order or judgment entered by the court as provided
for in subsections (c) and (d) of this section is a final
judgment or order for the purpose of appellate review.