Wyoming Affidavit in Support of Motion to Discharge Writ of Garnishment

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Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment.

A Wyoming Affidavit in Support of Motion to Discharge Writ of Garnishment is a legal document filed in the state of Wyoming by a defendant who wishes to challenge or request the removal of a writ of garnishment that has been issued against them. This affidavit serves as a supporting document for a motion to discharge the writ, providing the court with relevant information and arguments to support the defendant's request. Keywords: Wyoming, Affidavit in Support, Motion to Discharge, Writ of Garnishment Different Types of Wyoming Affidavit in Support of Motion to Discharge Writ of Garnishment: 1. Affidavit in Support of Motion to Discharge Writ of Garnishment Due to Financial Hardship: This type of affidavit may be filed by a defendant who can demonstrate that the garnishment would cause significant financial hardship or inability to meet basic living expenses. The affidavit would usually include supporting documentation such as financial statements, bills, and proof of income. 2. Affidavit in Support of Motion to Discharge Writ of Garnishment Due to Procedural Errors: If the defendant believes there were procedural errors or mistakes made in the garnishment process, they can file this type of affidavit to request the discharge of the writ. The affidavit would typically outline the specific errors and provide any evidence or supporting documentation to substantiate the claim. 3. Affidavit in Support of Motion to Discharge Writ of Garnishment on the Basis of Exempt Income: In some cases, certain types of income or property are exempt from garnishment under Wyoming law. This affidavit asserts that the income being garnished falls under one of these exempt categories. The affidavit would include details about the specific exemption and supporting evidence to prove that the income is protected. 4. Affidavit in Support of Motion to Discharge Writ of Garnishment Due to Statute of Limitations: If the garnishment is being pursued beyond the statute of limitations, the defendant can file this type of affidavit. The affidavit would provide details about the applicable statute of limitations, demonstrate that it has expired, and explain why the garnishment should be discharged based on this legal ground. It is essential to consult with a qualified attorney or legal professional when preparing and filing a Wyoming Affidavit in Support of Motion to Discharge Writ of Garnishment, as the specific requirements and procedures may vary based on individual circumstances and the nature of the garnishment.

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FAQ

At any time more than 60 days after service of the complaint and at least 28 days before the date set for trial, any party may serve on an opposing party an offer to allow settlement or judgment on specified terms, with the costs then accrued.

(A) In addition to the disclosures required by paragraph (1), (1.1) or (1.2), a party must disclose to the other parties the identity of any witness it may use at trial to present evidence under Wyoming Rule of Evidence 702, 703, or 705. (B) Witnesses Who Must Provide a Written Report.

Rule 60 - Relief from a judgment or order (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.

Continuing Garnishment: The exclusive procedure for withholding the earnings of a Judgment Debtor for successive pay periods for payment of a judgment obtained by the Judgment Creditor. In Wyoming, a Continuing Garnishment is effective for 90 days.

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if the person's attendance is commanded, by tendering to that person the fees for one day's attendance and the mileage allowed by law.

The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice.

Rule 35 - Physical and mental examinations (a) Order for an Examination. (1) In General. The court where the action is pending may order a party whose mental or physical condition-including blood group-is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.

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Court Self-Help Forms. Start Here; Garnishment Forms; Family Law; Small Claims; Protection Orders; Criminal Notice of Appeal Forms; Other ... Clerk to complete. c) Complete the Order for Service of Writ of Continuing Garnishment form by entering the name of the county in which the Garnishee is located ...(b) The writ shall be issued in the name of the state of Wyoming and shall require the sheriff to take the property described in the affidavit and retain it in ... Every person acting as surety for another shall file with the court his affidavit showing that he meets the requirements set forth herein. 1-1-106. Compensation ... 1-15-409. Service of writ; return; copy to defendant. 1-15-410. Release or discharge of garnishment. 1-15-411. Delivery of property. 1-15-412. Reply to answer ... The Petition and Order Discharging Garnishee (FORMS 12 & 13) can be used to release the garnishee who turns over property in response to the Writ of Garnishment ... Case files are a collection of records presented in or served from justice court. Files may contain summons, writs of attachment, notice of garnishment, ... Fill out the Motion form. Write in the court ... already issued, send a copy of the order to the garnishee (the name and address is on the writ of garnishment). Please follow our helpful tips for opening and completing PDF forms. Magistrate Court Public Forms. Affidavit: Default Judgment · Affidavit: Eligibility for ... Scope of Rules, One Form of Action, Commencement of. Action, Service of Process, Pleadings, Motions and. Orders: ... garnishment of the de- fendant's property ...

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Wyoming Affidavit in Support of Motion to Discharge Writ of Garnishment