Chapter 16 - Judgments Generally
CHAPTER 16 - JUDGMENTS GENERALLY
ARTICLE 1 - IN GENERAL
1-16-101. Rights of minors reserved.
Itis not necessary to reserve in a judgment or order the right of a minor to showcause why such order or judgment should be set aside after he attains the ageof majority, but in any case in which such reservation would have been proper,the minor may show cause against such order or judgment within one (1) yearafter arriving at the age of majority.
1-16-102. Interest on judgments.
(a) Except as provided in subsections (b) and (c) of thissection, all decrees and judgments for the payment of money shall bear interestat ten percent (10%) per year from the date of rendition until paid.
(b) If the decree or judgment is founded on a contract and allparties to the contract agreed to interest at a certain rate, the rate ofinterest on the decree or judgment shall correspond to the terms of thecontract.
(c) A periodic payment or installment for child support ormaintenance which is unpaid on the date due and which on or after July 1, 1990,becomes a judgment by operation of law pursuant to W.S. 14-2-204 shall not bearinterest.
1-16-103. Penalty assessed on unpaid judgment by operation of law.
(a) As used in this section "judgment by operation oflaw" means a periodic payment or installment for child support ormaintenance which is unpaid on the date due and which has become a judgment byoperation of law pursuant to W.S. 14-2-204.
(b) Any judgment by operation of law which is not paid withinthirty-two (32) calendar days from the date the judgment by operation of lawarises is subject to an automatic late payment penalty in an amount equal to ten percent (10%) of the amount of the judgment by operation of law.
(c) In order to recover penalties assessed under subsection (b)of this section, the obligee shall file with the clerk of court a swornaffidavit setting forth the payment history resulting in assessment of anypenalty and a computation of all penalties claimed to be due and owing. Itshall not be the responsibility of the clerk to compute the amount of thepenalties due and owing. If the obligor disputes the payment history orpenalty computation as stated in the obligee's sworn affidavit, the obligorshall file with the clerk of court a written request for a hearing within ten(10) days after seizure of his property under execution.
(d) This section shall apply only to judgments by operation oflaw arising on or after July 1, 1990.
ARTICLE 2 - JUDGMENTS BY CONFESSION
1-16-201. Right to confess judgment.
Aperson indebted or against whom a cause of action exists, may personally appearin a court of competent jurisdiction and with the assent of the creditor orperson having such cause of action, confess judgment, whereupon judgment shallbe entered accordingly.
1-16-202. Warrant of attorney to be produced.
Anattorney who confesses judgment in any case, at the time of making theconfession shall produce the warrant of attorney for making the same to thecourt. The original or a copy of the warrant shall be filed with the clerk ofthe court.
1-16-203. Repealed by Laws 1988, ch. 37, 3.
ARTICLE 3 - RECORDING AND INDEXING OF JUDGMENTS; RELEASE
1-16-301. Judgments and orders to be entered in journal; recordationwhere real property affected.
(a) Except as provided in subsection (b) of this section, alljudgments and orders must be entered in the journal of the court and specifyclearly the relief granted or order made in the action. When a judgment ororder is made determining any matter affecting the title to real property, acertified copy of the judgment or order shall be recorded in the office of thecounty clerk of the county in which the property is situate.
(b) No entry will be made in the journal relating to a judgmentby operation of law arising under W.S. 14-2-204.
1-16-302. Record; requirement.
Theclerk shall make a complete record of every cause as soon as it is finallydetermined, unless such record or part thereof is waived.
1-16-303. Record; contents.
Therecord shall contain the complaint, the process, the return, pleadingssubsequent thereto and all material acts and proceedings of the court. If theitems of an account or the copies of papers attached to the pleadings arevoluminous, the court may order the record to be made by abbreviating the sameor inserting a pertinent description thereof, or by omitting them entirely.Evidence will not be recorded.
1-16-304. Transcription into new volume.
Acourt by order on the journal, may direct its clerk to transcribe any book inhis office into a new volume, and the transcripts made are as valid as theoriginal.
1-16-305. When complete record not required.
(a) W.S. 1-16-302 does not apply:
(i) In criminal prosecutions when the indictment has beenquashed, or when the district attorney has entered a nolle prosequi on theindictment;
(ii) When the action has been dismissed without prejudice to afuture action, as provided in W.S. 1-16-306;
(iii) In all actions in which, in open court, at the term atwhich the final order or judgment is made, both parties agree that no recordshall be made.
1-16-306. Record in dismissed action.
Whenan action has been dismissed without prejudice to a future action, the clerkshall make a complete record of the proceedings upon being paid therefor by theparty requesting it.
1-16-307. Index to judgments.
(a) Except as provided in subsection (b) of this section, theclerk shall keep an index, direct and reverse, of all judgments, by the namesof parties alphabetically arranged showing in separate columns the following:
(i) The name of the judgment debtor;
(ii) The name of the judgment creditor;
(iii) The amount of the judgment and the year and term when itwas rendered;
(iv) The page of the journal on which it is entered;
(v) The volume and page of the final record;
(vi) The number of the suit;
(vii) The number and time of issue of the execution andsatisfaction thereof when satisfaction has been made.
(b) No index shall be made of a judgment by operation of lawarising under W.S. 14-2-204.
(c) The clerk shall include in the index required by subsection(a) of this section all judgments, decrees and orders establishing or modifyinga child support obligation, provided the index in such case shall show:
(i) The name of the obligor;
(ii) The name of the obligee; and
(iii) The docket number of the suit.
(d) The procedures for compiling and maintaining the judgmentindex required by subsection (a) of this section may be modified by the courtto permit the compilation and maintenance by any manual, mechanical, electronicor other means calculated to ensure the accuracy of the index.
1-16-308. Release of satisfied judgment; requirement.
(a) Any action pending or judgment rendered in the districtcourts of this state which has been settled or satisfied shall be released ordismissed in writing upon the face of the docket or by written release by theattorney of record or the person in whose favor the judgment was rendered, whoshall date and sign the release. If neither the attorney of record nor thejudgment creditor can be found in the county, the judgment debtor may pay theamount due upon the judgment to the clerk of court. Upon proper showing to thecourt that the judgment has been paid in full, the court shall order thejudgment released and satisfied.
(b) Subsection (a) of this section does not apply to judgmentsarising by operation of law under W.S. 14-2-204.
1-16-309. Release of satisfied judgment; liability for failure.
(a) If the attorney of record or other proper person fails torelease any action pending or judgment rendered within fifteen (15) days aftersettlement or satisfaction, the person in whose favor the judgment was renderedis liable for damages sustained.
(b) Subsection (a) of this section does not apply to judgmentsby operation of law arising under W.S. 14-2-204.
ARTICLE 4 - MODIFICATION OR VACATION AFTER TERM
1-16-401. Authority of court; grounds.
(a) A district court may vacate or modify its own judgment ororder after the term at which it was made:
(i) By granting a new trial when the grounds for a new trialcould not with reasonable diligence have been discovered before, but arediscovered after the original motion for a new trial has been passed upon bythe district court;
(ii) By a new trial granted in proceedings against defendantsconstructively summoned;
(iii) For mistake, neglect or omission of the clerk or irregularityin obtaining a judgment or order;
(iv) For fraud practiced by the successful party in obtaining ajudgment or order;
(v) For erroneous proceedings against a minor or person ofunsound mind, when the condition of the defendant does not appear in the recordnor the error in the proceedings;
(vi) For the death of the parties before judgment in the action;
(vii) For unavoidable casualty or misfortune preventing the partyfrom prosecuting or defending;
(viii) For errors in a judgment shown by a minor within twelve(12) months after arriving at the age of majority;
(ix) For taking judgments upon warrants of attorney for morethan was due the plaintiff, when the defendant was not summoned or otherwiselegally notified of the time and place of taking the judgment;
(x) When the judgment or order was obtained in whole or in amaterial part by false testimony on the part of the successful party or anywitness in his behalf which ordinary prudence could not have anticipated orguarded against and the guilty party has been convicted.
1-16-402. Opening judgment or order rendered on service bypublication.
Aparty against whom a judgment or order has been rendered without service otherthan by publication in a newspaper may have the same opened and be allowed todefend within six (6) months after the date of the judgment or order. Beforethe judgment or order can be opened, the applicant shall give notice to theadverse party of his intended application, file a full answer to the petition,pay all costs if the court requires them to be paid and make it appear to thesatisfaction of the court that during the pendency of the action he had noactual notice thereof in time to appear in court and make his defense. Eachparty may present affidavits.
1-16-403. Bona fide purchasers unaffected.
Thetitle to any property which is the subject of the judgment or order sought tobe opened and which in consequence of the judgment or order has passed to apurchaser in good faith, shall not be affected by any proceedings to vacate ormodify the judgment, nor shall title to any property sold before judgment underan attachment be affected by the proceedings.
1-16-404. Grounds to vacate tried first.
Thecourt must first try and decide whether to vacate or modify a judgment or orderbefore trying or deciding the validity of the defense or cause of action.
1-16-405. Proceedings prior to vacation and upon modification.
Ajudgment shall not be vacated until it is decided that there is a valid defenseto the action in which the judgment was rendered or if the plaintiff seeks itsvacation, that there is a valid cause of action. When a judgment is modified,all liens and securities obtained under it shall be preserved to the modifiedjudgment.
1-16-406. Injunction; suspension of judgment or order.
Theparty seeking to vacate or modify a judgment or order may obtain an injunctionsuspending proceedings on the whole or a part thereof when it appears probableby affidavit or by exhibition of the record that the party is entitled to havethe judgment or order vacated or modified.
1-16-407. Injunction; suspension of premature judgment.
Ifthe judgment was rendered before the action stood for trial, the injunction maybe granted although no valid defense to the action is shown. The court shallmake such orders concerning the executions on the judgment as shall give to thedefendant the same rights of delay he would have had if the judgment had beenrendered at the proper time.
1-16-408. Limitation on time for proceedings.
Proceedingsto vacate or modify a judgment or order, for the causes mentioned in W.S.1-16-401(a)(iv), (v) and (vii) must be commenced within two (2) years after thejudgment was rendered or order made, unless the party entitled thereto is a minoror a person of unsound mind, and in cases of such disability, within two (2)years after the removal thereof. Proceedings for the causes mentioned in W.S.1-16-401(a)(iii) and (vi) shall be commenced within three (3) years, and inW.S. 1-16-401(a)(ix) within two (2) years, after the defendant has notice ofthe judgment. Proceedings for the causes mentioned in W.S. 1-16-401(a)(x) maybe commenced after the guilty party is convicted, if the conviction is withintwo (2) years from the rendition of the judgment.
1-16-409. Applicability of provisions to supreme court.
Theprovisions relating to modification or vacation of judgments or orders apply tothe supreme court so far as the same are applicable to its judgments or finalorders.
ARTICLE 5 - REVIVOR AND NEW PARTIES
1-16-501. Proceeding against parties not summoned and persons whoseliability unknown.
Whenjudgment is rendered in this state on a joint instrument, parties to the actionwho were not summoned and persons whose liability was not known to theplaintiff at the rendition of the judgment may be made parties thereto byaction in the same court if they can be summoned. When the judgment is renderedelsewhere, the plaintiff may bring suit upon the instrument against the partiesnot summoned or persons whose liability was unknown, in any county where any ofthe parties reside or may be summoned.
1-16-502. Revivor of dormant judgments; generally.
Whena judgment, including judgments rendered by a circuit court, a transcript ofwhich has been filed in the district court for execution, becomes dormant, itmay be revived in the same manner as prescribed for reviving actions beforejudgment or by action. When either party to the dormant judgment, his agent orattorney, makes affidavit showing that the adverse party is a nonresident ofthe state and that the judgment remains unsatisfied in whole or in part and theamount owing thereon, service may be made by publication as in other cases. Ifsufficient cause is not shown to the contrary, the judgment shall stand revivedfor the amount which the court finds to be due and unsatisfied thereon. Thelien of the judgment for the amount due shall be revived and shall operate fromthe time of the entry of the conditional order or the filing of the motion.
1-16-503. Revivor of dormant judgments; limitations on time to revive.
(a) No action shall be brought to revive a judgment after ten(10) years after it becomes dormant, unless the party entitled to bring theaction was:
(i) A minor or subject to any other legal disability at thetime the judgment became dormant, in which case the action may be broughtwithin fifteen (15) years after the disability has ceased; or
(ii) A party in a child support proceeding, in which case theaction shall be brought within twenty-one (21) years.
1-16-504. Revivor when parties die after judgment.
Ifeither or both parties die after judgment and before satisfaction thereof,their representatives may be made parties to the judgment in the same mannerprescribed for the revival of actions before judgment. The judgment may berendered and execution awarded against the representatives of the deceasedparties.
1-16-505. Partners made parties to judgment.
Themembers of a partnership against which a judgment has been rendered in its firmname may by action be made parties to the judgment.
1-16-506. Sureties made parties to judgment.
Suretiesto the bond of an executor, administrator, guardian or trustee may by action bemade parties to a judgment thereon against the principal.
ARTICLE 6 - WYOMING STRUCTURED SETTLEMENT PROTECTION ACT
1-16-601. Short title.
This act shall be known and may be cited as the WyomingStructured Settlement Protection Act.
1-16-602. Definitions.
(a) As used in this act:
(i) "Annuity issuer" means an insurer that has issueda contract to fund periodic payments under a structured settlement;
(ii) "Dependents" include a payee's spouse and minorchildren and all other persons for whom the payee is legally obligated toprovide support, including alimony;
(iii) "Discounted present value" means the presentvalue of future payments determined by discounting the payments to the presentvalue using the most recently published applicable federal rate for determiningthe present value of an annuity, as issued by the United States InternalRevenue Service;
(iv) "Gross advance amount" means the sum payable tothe payee or for the payee's account as consideration for a transfer ofstructured settlement payment rights before any reductions for transferexpenses or other deductions to be made from such consideration;
(v) "Independent professional advice" means advice ofan attorney, certified public accountant, actuary or other licensedprofessional adviser;
(vi) "Interested parties" means, with respect to anystructured settlement, the payee, any beneficiary irrevocably designated underthe annuity contract to receive payments following the payee's death, theannuity issuer, the structured settlement obligor and any other party that hascontinuing rights or obligations under the structured settlement;
(vii) "Net advance amount" means the gross advanceamount less the aggregate amount of the actual and estimated transfer expensesrequired to be disclosed under W.S. 1-16-603(e);
(viii) "Payee" means an individual who is receiving taxfree payments under a structured settlement and proposes to make a transfer ofpayment rights thereunder;
(ix) "Periodic payments" includes both recurringpayments and scheduled future lump sum payments;
(x) "Qualified assignment agreement" means anagreement providing for a qualified assignment within the meaning of 26 U.S.C.130;
(xi) "Settled claim" means the original tort claimresolved by a structured settlement;
(xii) "Structured settlement" means an arrangement forperiodic payment of damages for personal injuries or sickness established bysettlement agreement or judgment in resolution of a tort claim;
(xiii) "Structured settlement agreement" means theagreement, judgment, stipulation or release embodying the terms of thestructured settlement;
(xiv) "Structured settlement obligor" means, withrespect to a structured settlement, the party that has a continuing obligationto make periodic payments to the payee under a structured settlement agreementor a qualified assignment agreement;
(xv) "Structured settlement rights" means rights toreceive periodic payments under a structured settlement, whether from thestructured settlement obligor or the annuity issuer, where:
(A) The payee is domiciled in, or the domicile or principalplace of business of the structured settlement obligor or the annuity issuer islocated in, this state;
(B) The structured settlement agreement was approved by a courtin this state; or
(C) The structured settlement agreement is expressly governedby the laws of this state.
(xvi) "Terms of the structured settlement" include,with respect to a structured settlement agreement, the terms of the structuredsettlement agreement, the annuity contract, a qualified assignment agreementand any order or other approval of any court that authorized or approved thestructured settlement;
(xvii) "Transfer" means any sale, assignment, pledge,hypothecation or other alienation or encumbrance of structured settlementpayment rights made by a payee for consideration, provided that the term"transfer" does not include the creation or perfection of a securityagreement in structured settlement payment rights under a blanket securityagreement entered into with an insured depository institution, in the absenceof any action to redirect the structured settlement payments to the insureddepository institution, or an agent or successor in interest thereof, orotherwise to enforce the blanket security interest against the structuredsettlement payment rights;
(xviii) "Transfer agreement" means the agreementproviding for a transfer of structured settlement payment rights;
(xix) "Transfer expenses" means all expenses of atransfer that are required under the transfer agreement to be paid by the payeeor deducted from the gross advance amount, including without limitation, courtfiling fees, attorneys' fees, escrow fees, lien recordation fees, judgment andlien search fees, finders' fees, commissions and other payments to a broker orother intermediary. "Transfer expenses" do not include preexistingobligations of the payee payable for the payee's account from the proceeds of atransfer;
(xx) "Transferee" means a party acquiring or proposingto acquire structured settlement payment rights through a transfer;
(xxi) "This act" means W.S. 1-16-601 through 1-16-607.
1-16-603. Required disclosures to payee.
(a) Not less than three (3) days prior to the date on which apayee signs a transfer agreement, the transferee shall provide to the payee aseparate disclosure statement, in bold type no smaller than fourteen (14)points, setting forth:
(i) The amounts and due dates of the structured settlementpayments to be transferred;
(ii) The aggregate amount of the payments;
(iii) The discounted present value of the payments to betransferred and the amount of the applicable federal rate used in calculatingthe discounted present value;
(iv) The gross advance amount;
(v) An itemized listing of all applicable transfer fees, otherthan attorneys' fees and related disbursements payable in connection with thetransferee's application for approval of the transfer and the transferee's bestestimate of the amount of any such fees and disbursements;
(vi) The net advance amount;
(vii) The amount of any penalties or liquidated damages payableby the payee in the event of any breach of the transfer agreement by the payee;
(viii) A statement that the payee has the right to cancel thetransfer agreement without penalty or further obligation not later than thethird business day after the date the agreement is signed by the payee.
1-16-604. Approval of transfers of structured settlement paymentrights.
(a) No direct or indirect transfer of structured settlementpayment rights shall be effective and no structured settlement obligor orannuity issuer shall be required to make any payment directly or indirectly toany transferee of structured settlement payment rights unless the transfer hasbeen approved in advance in a final court order based on express findings bythe court that:
(i) The transfer is in the best interest of the payee, takinginto account the welfare and support of the payee's dependents;
(ii) The payee has been advised in writing by the transferee toseek independent professional advice regarding the transfer and has eitherreceived such advice or knowingly waived such advice in writing; and
(iii) The transfer does not contravene any applicable statute orthe order of any court or other government authority.
1-16-605. Effects of transfer of structured settlement payment rights.
(a) Following a transfer of structured settlement paymentrights under this act:
(i) The structured settlement obligor and the annuity issuershall, as to all parties except the transferee, be discharged and released fromany and all liability for the transferred payments;
(ii) The transferee shall be liable to the structured settlementobligor and the annuity issuer:
(A) If the transfer contravenes the terms of the structuredsettlement, for any taxes incurred by such parties as a consequence of thetransfer; and
(B) For any other liabilities or costs, including reasonablecosts and attorneys' fees arising from compliance by such parties with theorder of the court or arising as a consequence of the transferee's failure tocomply with this act.
(iii) Neither the annuity issuer nor the structured settlementobligor may be required to divide any periodic payment between the payee andany transferee or assignee or between two (2) or more transferees or assignees;and
(iv) Any further transfer of structured settlement paymentrights by the payee may be made only after compliance with all requirements ofthis act.
1-16-606. Procedure for approval of transfers.
(a) An application under this act for approval of a transfer ofstructured settlement payment rights shall be made by the transferee and may bebrought in the Wyoming district court that approved the structured settlementpayment rights, or the Wyoming district court in the county where the payeeresides without regard to where the structured settlement payment rights mayhave accrued.
(b) Not less than twenty (20) days prior to the scheduledhearing on an application for approval of a transfer of structured settlementpayment rights under W.S. 1-16-604, the transferee shall file with the courtand serve all interested parties a notice of the proposed transfer andapplication for its authorization, including with the notice:
(i) A copy of the transferee's application for transfer;
(ii) A copy of the transfer agreement;
(iii) A copy of the disclosure statement required under W.S.1-16-603;
(iv) A listing of each of the payee's dependents, together witheach dependent's age and date of birth;
(v) Notification that any interested party may support, opposeor otherwise respond to the transferee's application, either in person or bycounsel, by submitting written comments to the court or by participating in thehearing; and
(vi) Notification of the time and place of the hearing and notificationof the manner in which and the time by which written responses to theapplication shall be filed, which time shall be not less than fifteen (15) daysafter service of the transferee's notice, in order to be considered by thecourt.
1-16-607. General provisions; construction.
(a) The provisions of this act may not be waived by any payee.
(b) Any transfer agreement entered into on or after July 1,2006 by a payee who resides in this state shall provide that disputes under thetransfer agreement, including any claim that the payee has breached theagreement, shall be determined in and under the laws of this state. Notransfer agreement shall authorize the transferee or any other party to confessjudgment or consent to entry of judgment against the payee.
(c) No transfer of structured settlement payment rights shallextend to any payments that are life-contingent unless, prior to the date onwhich the payee signs the transfer agreement, the transferee has establishedand has agreed to maintain procedures reasonably satisfactory to the annuityissuer and the structured settlement obligor for:
(i) Periodically confirming the payee's survival; and
(ii) Giving the annuity issuer and the structured settlementobligor prompt written notice in the event of the payee's death.
(d) No payee who proposes to make a transfer of structuredsettlement payment rights shall incur any penalty, forfeit any application feeor other payment, or otherwise incur any liability to the proposed transfereeor any assignee based on any failure of the transfer to satisfy therequirements of this act.
(e) Nothing contained in this act shall be construed toauthorize any transfer of structured settlement payment rights in contraventionof any law or to imply that any transfer under a transfer agreement enteredinto prior to July 1, 2006 is valid or invalid.
(f) Compliance with the requirements of W.S. 1-16-603 andfulfillment of the conditions set forth in W.S. 1-16-604 shall be solely theresponsibility of the transferee in any transfer of structured settlementpayment rights, and neither the structured settlement obligor nor the annuityissuer shall bear any responsibility for, or any liability arising from,noncompliance with the requirements of W.S. 1-16-603 or failure to fulfill theconditions set forth in W.S. 1-16-604.