money · Wyoming

How do I file a small claims case in Wyoming to get money someone owes me?

In Wyoming, small claims cases for amounts up to the circuit court limit are handled under the statutes and small claims rules. A claimant files an affidavit describing the claim, states that demand was made and payment refused, and the court issues a summons. Hearings are informal and both sides may present evidence and witnesses. If the claimant does not prove the claim, the judge may enter judgment for the defendant for costs. Filing usually involves a low filing fee and a simple affidavit form adopted for use in all circuit courts. After filing, the court arranges service of the summons, and the defendant must appear at a date set by the court. If the claimant obtains a judgment, execution and post-judgment garnishment may be available as provided by law.

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The deadline that matters

The defendant’s appearance date must be set not less than 12 days and not more than 20 days after service of the summons.

What Wyoming law says

The small claims procedure is set out in Wyo. Stat. § 1-21-201 through § 1-21-205. Under Wyo. Stat. § 1-21-201, circuit courts hear civil cases where the amount claimed does not exceed the statutory limit. Wyo. Stat. § 1-21-202 allows actions when an affidavit recites the defendant's address, nature of the claim, amount due, and that demand was made and payment refused. Wyo. Stat. § 1-21-203 requires filing the affidavit and directs the court to serve summons, including service by certified mail with return receipt if the defendant resides in the state. The defendant's appearance date must be not more than twenty days nor less than twelve days from service under Wyo. Stat. § 1-21-204. Hearings are informal, no formal pleadings beyond the claim and notice are required, and evidence may be offered at the hearing under Wyo. Stat. § 1-21-205. If a claimant fails to establish the claim, the judge may enter judgment against the claimant for costs under Wyo. Stat. § 1-21-703. The small claims rules adopt a standard affidavit form and set the filing fee: see Wyo. R. Small Cl. 2 and Wyo. R. Small Cl. 3. Appeals are limited to questions of law under Wyo. R. Small Cl. 7.

What to do

  1. A common first step is to complete the small claims affidavit that states the defendant’s address, the amount owed, the nature of the claim, and that demand was made and payment refused.
  2. A common next step is to file the affidavit and notice with the circuit court and pay the small claims filing fee as required by court rules.
  3. A common option is to have the court serve the summons, including service by certified mail with return receipt if the defendant lives in Wyoming, as allowed by statute.
  4. A common step is to gather and organize evidence and witnesses to support the claim for the informal hearing; the in-app next step is a filled claim form and an evidence checklist.
  5. A common final step is to appear at the scheduled hearing where both sides may present evidence; if a judgment is entered, execution or post-judgment garnishment may be available under the law.

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Common questions

How much does it cost to file a small claims case?
The small claims filing fee in circuit courts is set by rule. See Wyo. R. Small Cl. 3 for the current fee.
What form do I need to start a case?
The rules adopt a standard Small Claims Affidavit and Summons form for use in circuit courts. See Wyo. R. Small Cl. 2.
Can the court mail the summons to the defendant?
Yes, if the defendant resides in Wyoming the court may serve by certified mail addressed to the defendant with return receipt requested, and service is complete when the return receipt is signed, under Wyo. Stat. § 1-21-203.
What happens if I do not prove my claim at the hearing?
If the claimant fails to establish the claim, the judge may render judgment against the claimant for trial costs, under Wyo. Stat. § 1-21-703.

Grounded in current Wyoming law

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This content provides legal information about Wyoming small claims process, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.