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How to Respond to a Debt Collection Summons in Wyoming

George Simons | July 31, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Are you being sued for old debts in Wyoming? Find out how to respond to a debt collection summons in Wyoming with SoloSuit.

Being sued for debt isn't the best feeling in life. Such a lawsuit can be so stressful, and you may even be tempted to ignore it altogether. However, ignoring a debt collection summons is one of the worst mistakes you'll ever make, as it creates even more problems.

This article outlines the process of responding to a debt collection summons in Wyoming more straightforwardly. It also includes the specific deadlines to file a response and various examples of affirmative defenses you can use against the creditor.

When faced with such a situation, you generally have one of two options - (i) file your own Answer or (ii) utilize the services provided by SoloSuit to assist in creating the necessary legal documents for you. Here's a look at both options and how they work.

Use SoloSuit to respond to a debt collector in 15 minutes.

Respond to a Summons in Wyoming.

Sued for debt in Wyoming? SoloSuit can help you file an Answer into your case before the 20-day deadline.

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Table of Contents

File an Answer to your debt lawsuit before the Wyoming deadline

The deadline for answering a debt collection summons in Wyoming depends on the location where you were served the Summons and Complaint. If served within the state, your deadline is 20 days. On the other hand, you have a 30-day deadline to file your response if it was served outside Wyoming. This is outlined in Wyo. R. Prac. & P. 12.

The Summons and Complaints are mostly served to you personally through a process server. The reason it is called a “summons” is because the document effectively summons you to respond to this legal matter in a court of law. That aside, they also indicate:

  • Court hearing date.
  • Court location.
  • Plaintiff's name.
  • Reason for being sued.
  • Amount claimed by the plaintiff.

The countdown to submit a response starts upon receiving the Summons and Complaints. When the deadline falls on a weekend or a holiday, it is shifted to the next immediate business day.

Your response to the Summons and Complaint determines the way forward for your case. The court rules a default judgment against you if you fail to file an Answer within 20-30 days, depending on how these documents were served.

You are only lucky to defend yourself in a law court if you file an Answer before the deadline. Filing the response will be unnecessary if you agree with the debt and its circumstances. However, it is crucial to file the response and attend the court hearing if:

  • You disagree with the debt amount but not with its circumstances.
  • The creditor violated the terms of the contract.
  • You have supporting evidence to show that the debt is paid fully or partially or was paid for a lower amount.
  • You do not know anything concerning the debt.

Responding to the Summons and Complaint requires filing an Answer and attending the court hearings with supportive evidence if any. You should also deliver a copy of the form to the plaintiff or their attorney.

Respond to a debt collection lawsuit fast with SoloSuit.

Use these Wyoming Answer to Summons forms

In Wyoming, your Answer form must contain the following:

  • Information about the court, case, and the parties involved.
  • Response to every paragraph in the Summons and Complaints served to you.
  • Your Affirmative Defenses indicating why you don't owe the debt.

To be accepted, your Answer must be in the correct format and contain all the right information regarding the case. The SoloSuit Answer form is the easiest and most effective document to use when responding to a Wyoming debt collection case. All you have to do is answer some questions about your case, and SoloSuit's software will draft a legally-formatted and personalized document to submit to the court.

If the debt claimed does not exceed $6000, you can use the Small Claims form to file your Answer. Generally, small claims do not require you to file anything with the courts; you only need to attend the court hearing on the date provided.

Answer filing fees in Wyoming

Wyoming law courts do not charge a fee when filing an Answer. You can hand deliver the copy or send it through certified or express mail to the court. However, you will be responsible for the mailing costs. You must also send a copy of the submitted Answer document to the plaintiff or their lawyer.

SoloSuit makes responding to a debt collection lawsuit easy.

Follow these steps to respond to a Wyoming summons for debt

The lawsuit starts after you receive the Summons and Complaint. The Summons outlines the case, while the Complaint highlights the argument. After receiving the documents, you have to respond within 20-30 days; otherwise, the court will rule a default judgment.

Follow these four steps to respond to a Wyoming debt lawsuit:

  1. Create your Answer document.
  2. Answer the issues presented by the plaintiff.
  3. Assert your affirmative defenses.
  4. File the document with the court and serve it to the plaintiff.

Below, we'll break down each of these steps in further detail. Or you can watch this video to learn more:

Step 1: Create your Answer document

The very first step of formulating your answers is to create an Answers document. The information presented in this document follows a specific format. You can retrieve most of this information from the Summons and Complaint served to you.

In addition, you must include the following information on top of the document:

  • Court information; the name of the court, address, and location.
  • Docket information; a three-digit abbreviation for the courthouse followed by the number assigned to your case and filing year.
  • Personal information; your name, address, etc.
  • Plaintiff information; the plaintiff's name, company name, and the name of their lawyer.

Use SoloSuit to respond to debt collectors fast.

Step 2: Answer the issues presented by the plaintiff

You must respond independently to each Complaint presented to you by the plaintiff. These complaints are usually outlined in the Complaint document.

Primarily, debt collection cases have 10 to 30 paragraphs. The paragraphs are sometimes broken down into sections, such as facts, parties involved, and jurisdiction. However, this is just a matter of style since every lawyer has their preferences. In all the questions, you are limited to answer one of the following responses only:

  • Admit: The response indicates that you admit to the allegations contained in the particular paragraph.
  • Deny: It indicates that you disagree with the allegations contained in the particular paragraph.
  • Lack of information: This should be your response if you don't have any information to respond to a specific paragraph or do not understand it altogether. In other words, it basically states that you do not know anything about the issue raised.
  • Not directed to the defendant: This rare response only appears if you were sued with a Co-defendant. You should only provide this response if the allegations are not directed to you.

On the second page of the document, sign and fill in for the non-e-filed cases option if you want to mail the responses.

If the lawsuit is a small claim (indicated in the Summons and Complaint), you can file a Small Claims form. By small claims, it means that the amount owed does not exceed $6,000.

The Small Claims form consists of the court information and your details. In the next section (Section A), you can choose the option that best describes how you intend to proceed with the case. These options include:

  • Requesting for a court hearing.
  • Claim undisputed/ Claim payment (a payment hearing is scheduled to determine the payment plan).
  • Requesting for a jury trial in a higher court (if the claims exceed $1,500).
  • Filing bankruptcy status.

Proceed to Section B if you want to pursue any counterclaims or to Section C if you are filing the form on behalf of another party.

Make the right defense the right way with SoloSuit.

Step 3: Assert your affirmative defenses

According to the law in Wyoming, you may not be required to repay a debt due to different legal reasons.

These reasons are known as affirmative defenses. The most common affirmative defenses include:

  • Release: You are not legally obligated to clear your debt if you have previously filed a bankruptcy case that included the debt you're being sued for.
  • Accord and Satisfaction: This happens when you have paid a fraction of the debt to satisfy the whole amount. In this case, you are not obligated to pay the debt.
  • Payment: This applies if you've fully cleared the plaintiff's debt, but the debt collection agency purchases the debt without checking your payment history. If you have evidence that you cleared the debt, the court will rule in your favor.
  • Statute of limitations: This refers to the time limit set for pursuing a lawsuit against a debtor. These limitations vary depending on the state and type of debt.

You can also decide to file a counterclaim if you are confident that the plaintiff violated any Wyoming State debt collection laws. Also, if you've been harassed or hounded by debt collectors and there is evidence that a debt collector violated a provision of the Fair Debt Collection Practices Act (FDCPA), you can use these FDCPA violations as a basis for your counterclaim. You may be wondering, “what exactly is the FDCPA?” Well, the FDCPA is a federal law enacted by Congress specifically designed to protect individuals from being subjected to inappropriate debt collection tactics.

Unfortunately, even with the passage of the FDCPA, many debt collectors flout the provisions of this federal law and engage in highly questionable and unethical tactics with the goal is coercing a consumer to agree to repay the debt. Nevertheless, if you have evidence that a debt collector violated the FDCPA, you can take file your own legal claim against them and pursue money damages.

Pursuant to the FDCPA, debt collectors are not allowed to harass you or your loved ones. For example, debt collectors are expressly prohibited from engaging in these actions:

  • Threatening to harm you or members of your family physically
  • Threatening to harm you or members of your family financially
  • Using obscene or profane language during phone calls or other correspondence
  • Calling you repeatedly
  • Calling you prior to 8:00 a.m. or after 9:00 p.m. without your permission
  • Contacting you at your place of employment

Use SoloSuit to protect your wages and property.

Step 4: File the document with the court and serve it to the plaintiff

This is the final step of responding to a debt collection summons in Wyoming. You should draft your Answer document and file it with a court. Although most people ignore this step, it is equally important to prove that you responded within the deadline.

You can drop your Answer off at the courthouse or send it in the mail. Or, you can have SoloSuit file the Answer for you.

Draft and file an Answer in Wyoming with SoloSuit's help.

Check the statute of limitations on your debt before you respond

Did you know that your debt has an expiration date? This realization is usually good news to consumers with old unpaid debts. Sometimes, creditors can be overwhelmed by the debtors they have on record and may forget some along the way. Later, they may come to ask for their money and threaten you with a lawsuit if you do not pay. Wyoming protects its consumers from this situation by having a statute of limitation provision.

Statutes of limitations exist in every state. These limitations set the time limits for filing lawsuits. In Wyoming, the statute of limitations on debt is 10 years for credit card debt and most other types of debts. This means that creditors and debt collectors must sue you within ten years of your last payment, otherwise, their legal right to sue is no longer valid.

The table below further outlines the statute of limitations on different types of debt in Wyoming.

Statute of Limitations on Debt in Wyoming
Debt Type Deadline
Credit Card 10 years
Medical 10 years
Auto Loan 10 years
Student Loan 10 years
Mortgage 10 years
Judgment 5 years
Source: Wyo. Stat. § 1-3-105

Even if the debt has passed the statute of limitations in Wyoming, debt collectors may still try to sue. They can even win a judgment against you if you don't bring up the expired statute of limitations in court. This is why it's so important to check how old the debt is before you respond to debt collectors.

Note that, in some states, acknowledging you owe the debt or making a payment on the account can restart the clock on the statute of limitations.

Wyoming is called a borrowing state because it can borrow the laws from another state when a statute of limitation arises in a debt collection case. For example, if you had a debt in New Mexico that was considered time-barred after six years, moving to Wyoming will not change the timeline to ten years. You are still bound by New Mexico’s expiry date.

Even though your debt has expired and you’ve been sued, do not ignore the lawsuit letter you receive. The court doesn’t know this fact, and the creditor will not reveal it to the judge. Some third-party debt collectors are not even aware the debt has expired because of the faulty transfer process from a creditor to them. Once you receive the lawsuit, respond with an Answer and state that the statute of limitation has expired as your affirmative defense.

The debt collector will likely withdraw the case, or the judge may dismiss the case during the hearing. Do not skip going to court and proving your case. The judge will want to see the last activity you did on your account to calculate the expiration date from that time until the date you were sued.

If, on the other hard, your debt is valid and within the statute of limitations, you might consider debt settlement as your next debt resolution option.

How to settle a debt in Wyoming

When you choose to settle debt in Wyoming, you are asking the creditor to accept less money than you actually owe. Some consumers doubt that debt collectors can take up such an offer. But if they believe you may fail to pay the debt, they will often agree to take what you offer because some repayment is better than receiving nothing at all.

Follow these three steps to take to settle your debt outside of court:
  1. Respond to the debt lawsuit by sending an Answer: You should not ignore the lawsuit and hope that the creditor will give up. This is different from the calls you may have succeeded in ignoring. If you do not send an Answer within 20 days, the creditor will win the case and will be permitted to access your bank account, take a cut of your wages, or put a lien on your property. In the lawsuit, you should concentrate on the Complaint document listing the allegations made against you. Respond to those and then add your affirmative defenses. Watch the following video for further explanation.

  2. Send an offer and start negotiations: As you wait for the court date, approach the creditor with a debt settlement letter asking them to consider taking a percentage of the money as full debt payment. If you had convincing affirmative defenses, the response may be positive. However, if your affirmative defense is strong, such as that the debt does not belong to you–there is no need to settle. Otherwise, ensure your offer will not offend the creditor but do not overpromise if you genuinely lack the money. Explain your situation and mention that the lump sum is all you have to spare for settlement.

  3. Put everything in writing once they accept the offer: Third-party debt collectors are known to try all means possible to get more money, even if it means going against their word. So do not take their word as truth, but give them a settlement agreement to sign showing that the amount you pay represents the full debt payment. Add a section stating that they also agreed to drop the lawsuit.

SoloSettle can assist you in starting the negotiation process.

For more information on how to settle debt in Wyoming, check out this interview with a debt lawyer who share tips and insights on how to negotiate with creditors and debt collectors to resolve debt for good:

Settle with SoloSettle

Make an Offer

How to get debt relief in Wyoming

Can you imagine the relief of no longer having debt hanging over your head? That's the idea beyond debt relief programs and options. It gives you hope and a way out of debt without losing everything. You have various debt relief options from which you can choose. The following are the three options to explore:

  • Debt settlement: This approach involves asking the creditor to take less than the actual amount you owe. It often starts when you find yourself genuinely struggling with your finances. In that case, you can send an offer to settle the debt. It may take some negotiating, but most creditors and debt collectors will work with consumers to resolve debt because they would rather settle outside of court.

  • Credit counseling: Credit counselors help consumers manage their debt situation by assessing their finances, helping them create a budget, and saving money to start paying off outstanding debts. Some counselors ask creditors to waive fees, modify the repayment plan, and reduce the interest rate.

  • Debt consolidation: Consolidating your debt means paying off multiple debts with one new debt. The process involves looking for a loan with a lower interest rate, using the money to pay off the other debts, and remaining with one easy-to-manage debt to pay. However, you must pay off this debt before the terms of the agreement end, or you may be left with a more expensive debt to pay.

Some debt relief programs help struggling consumers cater to their basic needs. Examples include Temporary Assistance for Needy Families (TANF), Emergency Rental Assistance Program (ERAP), Supplement Nutrition Assistance Program (SNAP), Child Care Subsidy Program, and Low Income Energy Assistance (LIEAP).

Wyoming empowers its residents to access court records mainly by visiting the courthouse and using the public terminals to view and make copies of their cases. Online accessibility is only made available for cases appealed to the Supreme Court. Before you can access your case records, you must understand the court structure and where your case will likely be found. Let's discuss it briefly below:

  • Supreme Court: Highest court in the state and hears appeals from the District Courts.
  • District Court: Hears civil cases of up to $50,000 and accepts appeals from the Circuit courts.
  • Circuit Court: The 23 courts in all the counties preside over civil cases of up to $50,000 and small claims cases of up to $6,000.

Your debt collection case is likely in your county’s Circuit Court under the Small Claims Division. If you appeal your case, you may find it in the District Court with jurisdiction in your county. The easiest way to access your court records is by using your case number. This number (derived from the case type, the year the case was filed, and the chronological number of cases filed so far) is unique to you and can rarely be confused with another case.

To find your case number and records, you have to make a trip to the courthouse where the case was filed and heard. Here is a link to the court directory to find the exact location. At the courthouse, you will find several terminals where you can search using your name and that of the creditor—if you are searching for your case number. If it's the complete records you want, enter the case number and the parties involved. You may be required to pay a small fee to make copies.

If you have appealed your case to the Supreme Court, go online and search in the Public Docket Tool. You will be required to enter your case number, case title and type, and the docketing dates. You will immediately get results matching the search.

Stop wage garnishment in Wyoming.

Before you can stop wage garnishment in Wyoming, you must understand which laws protect you from wage garnishment and how far the creditor can go in taking your wages. Wyoming Statutes §1-15-401 to 425 outlines what creditors should do when seeking wage garnishment.

For example, they can only garnish your wage if you make more than thirty times the minimum wage per week ($7.25/hr). The limitation continues to say that they can only take a maximum of 25% of your disposable earnings. The law also states that they must give notice of the requirement to you and your employer before they begin garnishing. Below are various ways you can stop wage garnishment in Wyoming:

  • Object to the garnishment, if you believe the order did not factor in that the debt quoted was incorrect, 50% of your earnings supports your household, or your wages fall under public assistance. After filing, the court will review it and may ask for a hearing, and the judge will decide whether to adjust or stop the garnishment.
  • File for exemption if you believe a portion of your income qualifies for legal protection. For example, part of your income comes from government-protected benefits, a disability you have forces you to use most of your income for medical care, your income falls below the federal poverty line, and the income is not enough to provide for your dependents.
  • File for bankruptcy if all the methods above fail. However, bankruptcy may save the day. It leaves a mark on your credit report for ten years. But it also gives you an opportunity to start afresh and manage your finances better.

If you have some money set aside, consider debt settlement. Maintaining a garnishment order can be time-consuming and use up the creditor's resources. They may welcome the offer to take a lump sum and withdraw the order.

Debt collection laws in Wyoming

Wyoming does a good job of protecting its consumers in the state-specific debt collection laws they have. These laws are outlined in Wyoming Statutes 33-11-101 through 33-11-116. Some key guidelines worth mentioning include:

  • Debt collectors should keep accurate debt records, including the payments you have made.
  • Debt collectors should verify the debt in question, especially after sending a Debt Validation Letter.
  • Debt collectors should only collect the exact amount owed to them and not add other charges except legal fees and court costs.
  • WY Stat § 33-11-115 states that a debt collector operating without a valid license can be fined $750 or sent to jail for six months.

The Fair Debt Collection Practices Act (FDCPA) also supports the efforts made by Wyoming to protect its citizens. The law goes into detail, explaining how a debt collector should treat the consumer. For instance, a debt collector should not:

  • Contact you at work if you are not permitted to take such calls by your employer
  • Call you late at night or very early in the morning
  • Inform your family, coworkers, or friends about your debt
  • Threaten to confiscate your crucial document if you do not pay
  • Use abusive words or obscene language as they attempt to collect
  • Seek to annoy you by calling endlessly
  • Falsifying information regarding your debt

Even though Wyoming debt collection laws permit debt collectors to call people you know to ask about your whereabouts, they must carefully check what they ask. They should not tell the person they are calling about an outstanding debt, call them several times unless they want to confirm or correct the initial information provided, or use a language or symbol to make the person know that the inquiry is debt-related. To prevent such an encounter from occurring with your loved ones, respond to a creditor’s attempt to collect and use a Debt Validation Letter to stop their calls or settle the debt using SoloSettle.

Utilize Wyoming state legal aid organizations

You'll find free legal services in every state. These organizations assist citizens who cannot afford assistance. In Wyoming, the following are some of the state legal aid organizations:

Legal Aid of Wyoming Incorporation
  • This is a non-profit federally funded law firm.
  • Open from 9:00 a.m. to 4.00 a.m. from Monday to Friday.
  • Phone: (877) 432-9955

Teton County Access to Justice Center

  • The Teton County Access to Justice Center is a self-help legal resource center that offers reference assistance and legal resources.
  • Open from 1:00 p.m. to 5:00 p.m. Monday through Thursday in downtown Jackson, Wyoming.
  • Address: 185 South Willow St., Jackson, WY - 83002
    • Phone Number: (307) 734-9023

Use SoloSuit and beat debt collectors in court.

Wyoming state court locations

You can find your local court's address and contact information on the Wyoming Judicial Branch website. If you're ready to draft and file an Answer in Wyoming, find your local court below to get started:

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Key takeaways

You still have your legal rights despite being sued for a debt. Responding with a court-filed Answer to the Summons and Complaint will protect these rights.

The Answer document should be simple and follow the proper format to be accepted.

SoloSuit helps you to develop your Wyoming Answer to a Summons and Complaint. Ensure you follow the steps below whether using SoloSuit or already-provided forms.

  1. Create the Answer document.
  2. Answer each paragraph independently.
  3. Provide your affirmative defenses.
  4. File the answers with a court and send a copy to the plaintiff.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

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