Pursuant to Wyoming Statutes 18-3-608, the Sheriff's Office charges $50.00 for all civil process services.
Eviction ProcessEviction Notice
The eviction process can be quite complex and often requires legal advice. The Sheriff's deputies are not qualified nor are they authorized to answer legal questions. However, the following information on general eviction procedures is offered. For further information you may consult an attorney.
Notice to Vacate/Quit
A written Notice to Vacate must first be served on the tenant prior to proceeding to a summons/complaint for unlawful detainer. This notice can be served by the Sheriff's Office, but can also be served by any officer of the court. If the Sheriff's Office serves the notice, there is a fee of $50.00. If the tenant refuses to vacate after proper service of the notice, the landlord must proceed to the next step in the eviction process, which is to file a complaint in court for unlawful detainer.
Defendants/tenants must be served with this summons to begin the process leading to a court hearing. This document can be served by the Sheriff's Office, but again can be served by a private individual or process service company. The court will then make a determination and if the finding is for the plantiff, the court will issue a Writ of Restitution.
Writ of Restitution
This court order gives the Sheriff's Office the power to remove defendants/tenants from the property. If the defendants refuse to remove themselves and their property, then the Sheriff is authorized to remove and seize that property. The Sheriff is allowed under Wyoming law to sell that property to pay for any costs incurred by the Sheriff's Office. Plaintiffs must pay in advance all costs of enforcement. The Sheriff's Office performs the following actions when it receives a Writ of Restitution:
The Sheriff's Office has up to 48 hours to serve the Writ of Restitution. The order is either served to the defendants or posted on the door of the property.
On the day of service, the sheriff or a deputy will enter and inspect the property to determine if the defendants/tenants have vacated. If the tenants have vacated, the deputy will contact the plaintiffs, and the property will be turned over at that time. If the tenants have not vacated, the deputy will then order the defendants to vacate the property. If they refuse, they may be arrested. Once the defendant(s) have been removed from the property, it is then turned over to the plaintiff.
Collection Process on Writs of Execution
A Writ of Execution is a court order that commands the Sheriff to levy on the property of a debtor for the satisfaction of a debt. In addition to the Writ of Execution, you must give the Sheriff's Office a letter of instruction describing the property to be seized. If you do not know what property the debtor possesses, the Sheriff can serve the document and make a demand for the payment of that debt.
Wyoming law does not require the Sheriff to ask questions concerning the debtor's property. The Sheriff will however, ask the debtor a series of questions concerning his property, which is called a Notice of Inquiry. You will be notified if the debtor refuses to answer. Once the Writ of Execution has been served, the plaintiff will be notified.
All property will be seized to satisfy the judgment. Pursuant to Wyoming Statutes 1-15-107, social security benefits pursuant to 42 U.S.C. 407 and supplementary security income, Veteran's benefits, Black lung benefits, Personal opportunities with employment responsibilities (POWER) payments, Federal civil service and state retirement system benefits as provided in 5 U.S.C. 8346 and Wyoming Statute 9-3-426 and 9-3-602, Workers compensation benefits, Unemployment compensation benefits, Earnings from personal services as defined by Wyoming Statute 1-15-102(a)(vi), Homestead, personal articles and articles used for carrying on a trade or business to the extent provided by Wyoming Statute 1-20-101 to 1-20-109, may be exempt.
The procedure for check fraud (issuing insufficient funds checks) is for the victim (complainant) to bring the bad check to the Sheriff's Office The our office will serve a "check letter" at no cost to the victim providing that the defendant resides within Niobrara County. If the defendant resides outside Niobrara County, the complainant will be given a check letter and then must mail the a copy of that letter to the defendant via certified/registered mail. The complainant is required to keep copies of all receipts and correspondence.
The Sheriff's Department will then serve the check letter demanding payment for the bad check. The defendant has five (5) days to satisfy the demand. If after 5 days the demand has not been satisfied, the civil investigator for the department will then file the information with the County Attorney's Office, who will in turn, file check fraud charges with Circuit Court. If, at any time, a contractual agreement has been made between the defendant and the complainant, the matter will become a civil matter and the department will have no criminal enforcement action available. Thus, the complainant will have to file the information with the court directly and attempt to seek a judgment.
Out-of-state checks will not be prosecuted unless they total over $1,000.00 as most states will not make arrests or serve papers on out-of-state misdemeanor checks.
The department cannot serve to a PO Box so the complainant is requested to provide as much information to the agency as is possible regarding the location of the defendant.