Wyoming Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Wyoming's Statutes Of Limitations. Wyoming phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Wyoming Fair Debt Collection Consumer Practices Guide summarizes Wyoming's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Wyoming Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Wyoming’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Wyoming Debt Exemption Law!
Wyoming Statutes
Wyoming has opted out of federal bankruptcy exemptions Wyoming Statutes Annotated § 1-20-109.
Wages: Wyoming Statutes Annotated §§ 1·15-408(b), 1-15-511.
Homestead: Wyoming Constitution article 19, § 9; Wyoming Statutes Annotated §f 1-20.101 through .104. r
Tangible personal property: Wyoming Statutes §§ 1-20-105 and -106.
Benefits, retirement plans, insurance, judgments, and other intangibles: Wyoming Statutes Annotated §§ 1·20·110 and -111.
Wyoming Debt Statutes of Limitation
Your debt may have expired under Wyoming’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Wyoming Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Wyoming Debt Statutes of Limitation
Any contract, agreement or promise in writing: 10 years, (WS 1-3-105(a)(i)).
Unwritten contract, express or implied: 8 years, (WS 1-3-105(a)(ii)).
Recovery of personal property: 4 years, (WS 1-3-1 05 (a) (iv)).
Dishonor of draft (check): 3 years, (WS 34.1-3-118( c)).
Judgment: 21 years. Judgments cannot be revived after twenty-one years unless the party entitled to bring the action was a minor or subject to any other legal disability at the time the judgment became dormant, in this case action may be brought within 15 years after disability ceases, (WS 1-16-503). If no execution is issued within 5 years from date of judgment or last execution is issued, the judgment becomes dormant and ceases to operate as a lien on the estate of the debtor, (WS 1-17-307).A dormant judgment may be revived in the same manner as prescribed for reviving actions before judgment or by action, (WS 1-16-502).
Wyoming Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Wyoming’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Wyoming law.
Wyoming Wage Garnishment Procedural Requirements
At any time after entry of judgment, the judgment creditor may obtain discovery by interrogatories, depositions or otherwise, from any person, including the judgment debtor, in accordance with the Wyoming Rules of Civil Procedure. A person served with notice of discovery shall hold for the benefit of the judgment creditor from the time of service all property, money and credits in his hands belonging to the judgment debtor or due to him. Wyo. Statute. Ann. _ 117402.
A post judgment writ of garnishment is available to satisfy a money judgment. Wyo. Statute. Ann. _ 115401. After the entry of a judgment requiring the payment of money, the clerk of the court from which execution could issue shall, upon application of the plaintiff, issue one or more writ of post judgment garnishment. Wyo. Statute. Ann. _ 115405.
A writ of post judgment garnishment shall be issued in the name of the Statutee of Wyoming and shall be directed to the person or persons designated in the plaintiff's affidavit as garnishee. The writ shall advise each person that until further order of the court or until the garnishee has complied with the requirements of _ 115 407(c) (answer and delivery to court), he is attached as garnishee in the action, command him not to pay any debt due or to become due to the defendant which is not exempt from execution and to retain possession and control of all credits, chattels, goods, effects, debts, chooses in action, money and personal property and rights to property of the defendant not exempt from execution. Wyo. Statute. Ann. _ 115406.
The garnishee shall mail a copy of his answers to the plaintiff and defendant if, at the time he is served with the writ, the garnishee is furnished with stamped envelopes addressed to the parties. Wyo. Statute. Ann. _ 115407.
A writ of post judgment garnishment shall be served on the garnishee in the same manner as a summons (personal service). Not later than 5 days after service is made upon the garnishee the sheriff or other person who served the writ shall mail a copy of the writ to the defendant. The papers [writ] shall be sent by first class United Statutees mail with postage prepaid. The envelopes [envelope] shall be furnished and properly addressed by the plaintiff. Wyo. Statute. Ann. _ 115409.
No person shall be liable as garnishee for having drawn, accepted, made or endorsed any negotiable instrument in the hands of the defendant at the time of service of the writ of post judgment garnishment when the negotiable instrument is not due. Wyo. Statute. Ann. _ 115418.
Interest Rate at which Judgments Accrue All decrees and judgments for the payment of money shall bear interest at ten percent per year from the date of rendition until paid. If the decree or judgment is founded on a contract and all parties to the contract agreed to interest at a certain rate, the rate of interest on the decree or judgment shall correspond to the terms of the contract. A periodic payment or installment for child support or maintenance which is unpaid on the date due and which on or after July 1, 1990, becomes a judgment by operation of law shall not bear interest. Wyo. Statute. Ann. _ 116102. 4.0.
Wyoming (Debt Collector) Call Recording Law
Under Wyoming State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Wyoming is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Wyoming.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
