Wage garnishment amendments.

2018
STATE OF WYOMING
18LSO-0495
Numbered
1.2

HOUSE BILL

NO.
HB0181

Wage garnishment amendments.

Sponsored by:
Representative(s) Stith, Barlow and Pelkey and Senator(s) Anselmi-Dalton

A BILL

for

AN ACT relating to civil procedure and trade and commerce; amending garnishment provisions to extend protections for exempt funds; specifying applicability; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S.
1
‑
15
‑
102(a) by creating a new paragraph (xiv),
1
‑
15
‑
408(a)
and 40
‑
14
‑
505 by creating new subsection
s
(d)
and (e)

are amended to read:

1
‑
15
‑
102
.

Definitions.

(a)

As used in this chapter unless otherwise defined:

(xiv)

"
Financial institution
"
means as defined in W.S.
13
‑
1
‑
401(a)(ii).

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 d
efendant
'
s disposable earnings shall
remain
exempt to the extent provided in subsection (b) of this section if such earnings were deposited in the de
fendant
'
s account with a financial institution within twenty (20) calendar days prior to service of a writ of garnishment against
the
de
fendant
'
s account with
the
financial institution 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
de
fendant
'
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.

40
‑
14
‑
505
.

Limitation on garnishment.

(
d
)

A
n

individual
'
s disposable earnings shall
remain
exempt to the extent provided in subsection (b) of this
section if such earnings were deposited in the
individual
'
s account with a financial institution within twenty (20) calendar days prior to service of a writ of garnishment against the
individual
'
s account with the financial institution 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
individual
'
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
individual
an answer to the writ of
garnishment. A judgment creditor may request that the court issue writs of garnishment to a
n

individual
'
s employer and the
individual
'
s financial institution at the same time; provided, however, that should the judgment creditor successfully garnish earnings as shown on a
n

individual
'
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.

(e)

As used in this subsection
"
financial institution
"
means as defined in W.S. 13
‑
1
‑
401
(a)(ii).

Section 2
.

This act shall apply
only
to writs of garnishment
issued
on or after the effective date of this act.

Section 3
.

This act is effective July 1, 201
8
.

(END)

1
HB0181