2022 Wyoming Statutes
Title 1 - Code of Civil Procedure
Chapter 15 - Attachment, Replevin and Garnishment
Article 4 - Garnishment
Section 1-15-408 - Garnishment of Earnings for Personal Services.
1-15-408. Garnishment of earnings for personal services.
(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.
