Seizing a debtor’s personal property can be tricky. You may want to speak to a lawyer for assistance. Click here for help finding a lawyer.
If you chose to go forward on your own, you must:
File paperwork with the court to request a Writ of Execution of the judgment;
Arrange to sell the property through an execution sale (proper procedures must be followed);
Take responsibility for the costs of the sheriff and sale, if the proceeds from the sale of the property are not enough; and
If the debtor claims exemptions, you must attend a hearing.
The personal property Writ of Execution is issued by the court where the Judgment was made, and will be issued to the sheriff’s office. The sheriff, once he or she receives the Execution, must immediately make efforts to acquire the Debtor’s property.
If the sheriff successfully obtains the property, notice of the execution sale must be published in a newspaper. This notice must include a description of the property to be sold, along with the date, time, and location of the sale. The sale cannot take place for at least 10 days after the notice is published.
The property will be sold at a public auction to the highest bidder, unless a private sale is ordered by the court. There are certain rules that must be followed for the public auction. For example, the executing sheriff cannot be a buyer, and there must be at least two bids before the property can be sold. Any proceeds from the sale will be applied the Judgment after deducting all costs and fees of the sale.
The Debtor may also have exemptions. Wyoming law says that certain property, or a certain value of the property, is exempt from seizure. In order to claim any exemptions, the Debtor must file a request for exemption within ten days of the seizure of property. The court will then set a hearing within five days to determine the status of the claimed exempt property. If this happens, the property value must be determined by three disinterested appraisers selected by the sheriff. Many sheriffs are familiar with this process and obtain the appraisals in an efficient and timely manner.
