Wyoming debt statute of limitations

Wyoming limitation periods by type of debt

Open-account and unwritten debt falls under the 8-year period (§ 1-3-105(a)(ii)); written contracts 10 years (§ 1-3-105(a)(i)).

What the Wyoming statute says

“(a) Civil actions other than for the recovery of real property can only be brought within the following periods after the cause of action accrues: (i) Within ten (10) years, an action upon a specialty or any contract, agreement or promise in writing;”
Wyo. Stat. Ann. § 1-3-105(a)(i)

“Within eight (8) years, an action: (A) Upon a contract not in writing, either express or implied; or (B) Upon a liability created by statute other than a forfeiture or penalty.”
Wyo. Stat. Ann. § 1-3-105(a)(ii)(A)

Does paying restart the clock in Wyoming?

A payment, or a signed written acknowledgment or promise to pay, starts the time for suing again from that date (Wyo. Stat. § 1-3-119).

“When payment has been made upon any demand founded on contract or a written acknowledgment thereof, or promise to pay the same has been made and signed by the party to be charged, the time for commencing an action runs from the date of such payment, acknowledgment or promise.”
Wyo. Stat. Ann. § 1-3-119

Wyoming’s own debt collection law

Wyoming's collection agency law requires a license to operate a collection agency or act as a debt collector or solicitor in the state.

“No person shall conduct a collection agency or act as a debt collector or solicitor within this state without first having obtained a license as provided in this act, except that a debt collector or solicitor acting in the course of his employment for a collection agency licensed in Wyoming is not required to have an individual license.”
Wyo. Stat. Ann. § 33-11-102 (Collection agency act, §§ 33-11-101 et seq.)

If a creditor wins a judgment in Wyoming

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Wyoming rules take over.

How long a judgment lasts

In Wyoming, a judgment becomes dormant and stops operating as a lien if no execution is issued within five years of the judgment, or if five years pass between executions; dormant judgments may be revived under separate provisions not recorded here.

“If execution on a judgment rendered in any court of record in this state or a transcript of which has been filed as provided in W.S. 1-17-306(a) is not issued within five (5) years from date of the judgment or if five (5) years intervene between the date the last execution issued on the judgment and the time of issuing another execution thereon, the judgment is dormant”
Wyo. Stat. § 1-17-307

Wage garnishment

Wyoming limits continuing wage garnishment to the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum hourly wage.

“The maximum portion of the aggregate disposable earnings of a judgment debtor which are subject to continuing garnishment under this article is the lesser of: (i) Twenty-five percent (25%) of the judgment debtor's disposable earnings for that week; or (ii) The amount by which the judgment debtor's aggregate disposable earnings computed for that week exceeds thirty (30) times the federal minimum hourly wage”
Wyo. Stat. § 1-15-511(a)

Small claims court

In Wyoming, small claims procedure applies in circuit court to civil cases where the amount claimed, excluding costs, does not exceed $6,000.

“In the trial of civil cases before any circuit court in which the amount claimed, exclusive of costs, does not exceed six thousand dollars ($6,000.00), the procedure is as defined in W.S. 1-21-201 through 1-21-205.”
Wyo. Stat. § 1-21-201

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Wyoming treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Wyoming?

8 years for credit-card debt and 10 years on a written contract, under Wyo. Stat. § 1-3-105. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Wyoming?

A payment, or a signed written acknowledgment or promise to pay, starts the time for suing again from that date (Wyo. Stat. § 1-3-119).

Does Wyoming have its own debt collection law?

Wyoming's collection agency law requires a license to operate a collection agency or act as a debt collector or solicitor in the state. (Wyo. Stat. Ann. § 33-11-102 (Collection agency act, §§ 33-11-101 et seq.)).

How long does a court judgment last in Wyoming?

In Wyoming, a judgment becomes dormant and stops operating as a lien if no execution is issued within five years of the judgment, or if five years pass between executions; dormant judgments may be revived under separate provisions not recorded here. (Wyo. Stat. § 1-17-307).

How much of my pay can be garnished in Wyoming?

Wyoming limits continuing wage garnishment to the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum hourly wage. (Wyo. Stat. § 1-15-511(a)).

What if I am sued on an old debt in Wyoming?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.