Wyoming judgment records are legal documents that contain information about the court’s judgment or decision concerning a case. In addition to the court’s decision, judgment records also contain vital information about a case, including the litigants’ names, judgment entry date, judge’s name, judge’s signature case number, court findings, case facts, and the case parties’ rights and responsibilities.
Like most Wyoming court records, judgment records are public records and are accessible to the public in different formats, including electronic or paper. Interested parties may request judgment records through various means that the courts provide, including court clerk or record custodian offices, public access terminals, and online channels.
What is a Judgment?
A judgment is the court’s decision about a case. Typically, a judgment highlights the basis for the court’s decision and each case parties’ rights and duties. The court delivers judgments at the end of a case orally or in written form, depending on the case type and the court. Appellate court judgments typically take the form of written opinions. According to WY Stat § 1-15-102, the case party who recovers monetary judgment in court is a judgment creditor, while the party that the court enters judgment against is the judgment debtor. There are different types of judgment that a court can deliver. However, the validity of a judgment depends on the issuing officer. Only judges and magistrates are competent to deliver judgments in Wyoming. A judgment must include the competent officer’s signature and designation for it to be valid.
Wyoming Judgment Laws
Wyoming’s Code of Civil Procedure outlines judgment laws in various chapters, especially Chapters 15 to 21. These chapters of the Code of Civil Procedure address attachment, garnishment, and replevin; judgment enforcement, and other actions and procedures. The code also addresses judgment liens, exemption from enforcement and small claims procedures, and costs associated with judgments.
What is Judgment Lien?
A judgment lien is an interest that the court places on a debtor’s property to ensure that the creditor can recover judgment payment and other outstanding costs. In Wyoming, a judgment creditor may obtain a lien against a debtor’s property without the debtor’s consent. The lien may only be enforced if the judgment creditor files a lien with the county clerk and the District Court clerk in the county where the debtor has interests or properties (WY Stat § 29-1-312).
Wyoming courts do not collect or enforce judgments on a creditor’s behalf. The creditor must initiate enforcement processes to recover the judgment amount, interests, and other outstanding costs. Judgment debtors who fail to pay damages or judgment may lose any non-exempt property. If a debtor fails to make payment, the creditor may take possession of the property with the lien against it. In some cases, the creditor initiates execution, in which a sheriff or other competent officer organizes the sale of the liened property. The judgment creditor may then recover the judgment amount from the sales proceeds.
What is a Wyoming Summary Judgement?
In Wyoming, a summary judgment is one that the court issues at a case party’s request, if the material facts of a case are not in question and the petitioner or movant is entitled to a summary judgment. The court typically renders a summary judgment without a trial. A summary judgment may also be rendered when the defendant or respondent’s defense is inadequate or if the petitioning party proves that a trial is not necessary.
While a respondent or defendant may appeal a summary judgment, the petitioning party may not request another trial after the court renders the judgment.
What is A Summary Judgment Motion In Wyoming?
A case party files a summary judgment motion in Wyoming if the party petitions the court to render judgment without a trial. According to Rule 56 of Wyoming’s Rules of Civil Procedure, any case party may request a summary judgment for all or parts of a claim or defense. If the movant or petitioning party proves that the case facts are not in genuine dispute and the movant is entitled to the summary judgment according to the law, the court may render the summary judgment.
Wyoming case parties may file motions for summary judgment at any time. A respondent case party may also appeal a summary judgment to a higher court.
Wyoming Judgment Record Search
As provided by Wyoming’s Public Records Act, public records, including judgment records, are accessible to the public at reasonable times or during the custodian agency’s business hours. Interested parties may search judgment records by visiting the record custodian or court clerk in the courthouse where the case was heard. Most courthouses also have public access terminals that interested parties can use for judgment record searches. Wyoming courts also provide remote access to court records through public databases such as the Wyoming Judicial Branch case search.
Although court records are public by law, there are some exemptions to the public records act. Exempt records are not accessible to the public. Similarly, sealed and confidential records are not accessible to the public. If a person requests a judgment record or other court record that contains confidential information, the court may redact such information in the requested document.
How Do I Look Up a Judgment In Wyoming?
Most counties in Wyoming offer remote access to public records. Interested parties may visit the county clerk website or other record search websites provided by the county in which the case was heard. Similarly, the Wyoming Judicial Branch offers an electronic case search database where interested parties may look up judgments.
Requesting parties may also look up judgments by visiting the courthouse in the county where the court heard the case. Wyoming courts provide public access terminals in the courthouses; requesting parties may look up judgments using these portals. Court records requests are also available through court clerks and record custodians. It is also possible to request copies of judgments in person at the office of the court clerk.
What Happens if You Have a Judgment Against You in Wyoming?
When the court renders judgment against a person, the person is a judgment debtor and is liable to pay damages or any other type of remedy that the court orders. If the debtor fails to pay the judgment or damages, the judgment creditor may take legal steps to enforce or collect the judgment. Such steps include garnishment, liens, or a suspension of the debtor’s driver’s license.
As can be expected, enforcement or execution may make things difficult for the judgment debtor. It is important to note that failure to pay a judgment will not absolve the debtor of the need to pay. The debtor remains liable until the judgment is paid in full or as agreed. Judgment may also appear on the debtor’s credit report, resulting in additional financial difficulties. However, if a debtor has legal grounds, they may appeal a judgment to a higher court.
How Do I Find Out If I Have Any Judgments Against Me In Wyoming?
Case parties can expect to receive notice of any legal action or court decision by mail, in person, and sometimes, newspaper announcements. However, case parties may also find out about any judgments against them by contacting the court clerk to request such information or using any of the court’s remote access case search websites.
How Long Does A Judgment Stay On Your Record?
A judgment stays on a debtor’s credit report for at least ten (10) years. This can result in difficulty in obtaining credit facilities like loans. To remove a judgment from a person’s credit report, the debtor must settle the judgment by paying the judgment in full or in part, depending on the debtor’s agreement with the creditor. Once the debtor satisfies the judgment, the debtor must obtain a satisfaction of judgment and send it to the credit agency for updates.
Judgments are a part of the court’s records, and as such, it is impossible to remove judgments from the court records.
How To Enforce A Judgment In Wyoming
When a judgment debtor fails to make payment as required, the creditor may enforce the judgment. Enforcement helps a creditor to recover outstanding payments from the debtor. Although the court renders judgment in favor of the creditor, the court does not collect or enforce the judgment on the creditor’s behalf. Collection and enforcement are the creditor’s sole responsibility. Enforcement takes different forms in Wyoming, which include garnishment, driver’s license suspension, and judgment liens.
How To Collect A Judgment In Wyoming
Collection and enforcement refer to the same thing. Creditors may initiate collection processes when a judgment debtor fails to pay the judgment amount and any accrued interests. In Wyoming, enforcement can take many forms, including:
- Judgment liens: a creditor may file a lien against the debtor’s property. For a lien to attach to the debtor’s property, the creditor must obtain a certified copy of the judgment and record the judgment with the court clerk in the county where the debtor has property and resides.
- Writ of execution: this is a court order that authorizes the sheriff to levy the debtor’s property.
- Garnishment: this court order allows the creditor to recover the judgment amount by automatic deductions from the debtor’s money, credits, or wages. Continuing garnishment can only be issued against wages.
What Happens if a Defendant Does Not Pay a Judgment in Wyoming
Debtors who have reason to believe that a judgment is unfairly rendered may appeal the court’s decision or file a motion to set aside the judgment. If a debtor fails to pay a judgment in Wyoming, the debtor may face serious consequences such as property loss. A creditor may seize or sell the debtor’s non-exempt property to recover the judgment amount. Additionally, failing to pay a judgment may result in a poor credit rating as judgments show up on Wyoming credit reports.
A poor credit rating could result in inability or difficulty in accessing loans and other credit facilities. Failure to pay a judgment in Wyoming may also result in additional financial consequences as interests accrue from the day the court renders judgment. It is best for judgment debtors to satisfy judgments or appeal the court’s decision as soon as possible to avoid these and other consequences.
What Personal Property Can Be Seized in a Judgment in Wyoming?
Creditors can seize all non-exempt personal property in a judgment in Wyoming. State laws protect certain property from execution or collection, including the following:
- Homestead that is occupied by the owner or their family up to $10,000 in value. In Wyoming, when two people co-own and live in a homestead, both persons get homestead exemption. Additionally, if the owner of a property or homestead dies and leaves survivors, the survivors are entitled to the homestead.
- Clothes: every individual is entitled to up to $1,000 in clothes, and this includes wedding rings. This exemption does not include any other type of jewelry.
- Motor vehicles not exceeding $2,400 in value
- Furniture, bedding, and household items up to $2,000 in value. If more than one person lives in a house, each person is entitled to separate exemptions.
- Tools of trade up to $2,000 in value
- School books, family bibles, pictures, burial ground lots
Chapter 20 of Wyoming’s Code of Civil Procedure contains more information about personal properties exempt from enforcement and collection in the state.
Wyoming Judgment Interest Rate
Interests accrue on judgments from the day the court renders the judgment. According to WY Stat § 1-16-102, the interest rate on judgments in Wyoming is ten percent (10%) per year until the debtor pays the judgment. However, if the debt is based on a contract and the parties agree to a different rate, then the debtor may pay the agreed interest rate.
What is a Default Judgment?
When a plaintiff files a motion to seek relief against a defendant, and the defendant fails to respond to, defend, or plead the motion, the clerk of the court may file a default judgment against the defaulting party. When the clerk enters a default judgment against a case party, the defaulting party is liable to pay the full judgment amount. In other cases, the movant must request a default judgment. The court may hold a hearing to determine the judgment amount, establish the truth of an allegation or conduct any other investigation.
In Wyoming, it is not possible to enter default judgments against incompetent persons or minors except such persons are represented by trustees, conservators, or guardians.
How to File a Motion To Set Aside Default Judgment in Wyoming
Case parties may petition the court to set aside default judgments for various reasons. Some of the acceptable grounds for request include mistakes, excusable neglect, fraud, surprise, newly discovered evidence, or inadvertence. If the court determines that the defaulting party has legal grounds and a reasonable excuse for default, the court may grant the motion to set aside the default judgment. If the court sets aside the default judgment, the court may grant a new trial at which the defendant gets another chance to respond to the case and state their defense.
File Motion To Vacate Judgment in Wyoming
To vacate a judgment is to set it aside. Parties interested in petitioning the court for relief from judgment must do so within one (1) year after the judgment entry. After filing a motion, the movant must ensure that the respondent receives copies of the motion by service. The movant must also schedule a hearing for the motion. If the court determines that the movant has legal grounds to request judgment vacation and reasonable defenses, the court may grant the motion.
How To Remove An Abstract Of Judgment In Wyoming
An abstract of judgment is a legal document that contains a judgment summary. A judgment creditor records an abstract of judgment against a debtor’s property to create a lien on the property. The judgment creditor must record it against a debtor’s property in the county where a debtor has interests or property. To remove an abstract of judgment in Wyoming, a judgment debtor must satisfy the judgment. This could be by paying the full amount or reaching a payment agreement with the judgment creditor. After satisfying the judgment, the debtor must obtain an Order of Satisfaction of Judgment, which will enable the judgment debtor to remove the abstract of judgment. In order to remove the abstract, a debtor must ensure that the satisfaction is filed in all the counties where the abstract was filed.
How Long Is a Judgment Good For In Wyoming
In Wyoming, judgments are good for up to five (5) years, after which judgments become dormant. Judgment creditors may not execute or enforce dormant judgments. It is possible to revive judgments; however, a creditor may no longer revive a judgment when it has been dormant for ten (10) years (WY Stat § 1-16-503). If the creditor or plaintiff is a minor or suffers a disability at the time of dormancy, such a person may revive the judgment 15 years after the disability ends. Also, if the plaintiff is a party in a child support case, the person may revive the judgment within 21 years.
Wyoming Judgment Statute of Limitations Law
The statutes of limitations for judgments in Wyoming are in WY Stat § 1-16-503, WY Stat § 1-17-307, and WY Stat § 1-16-502. These laws address the statutes of limitations on judgments, the timeframe within which case parties may revive or bring legal action for a judgment, and exemptions to the stated time frames. The statutes also address how a judgment may be revived in the state.
Generally, the statute of limitations on judgments in Wyoming is ten (10) years. As provided by state laws, it is not possible to bring any action for a judgment that has been dormant for up to ten (10) years.
