- Who sends it
- The circuit court issues it at the buyer's request, and it is served on you with the buyer's complaint
- What it starts
- A trial set 3 to 12 days after you are served (Wyo. Stat. § 1-21-1004)
- Do this first
- Write down the trial date and time, call Legal Aid of Wyoming the same day, and gather your foreclosure papers
What this document is in Wyoming
Circuit courts hear forcible entry and detainer cases (Wyo. Stat. § 1-21-1001). After a foreclosure sale, the buyer can bring one once it has demanded possession (Wyo. Stat. § 1-21-1002(a)(ii), (iii)).
The summons must state what the buyer claims, and the time and place of trial. It must be served at least 3 and no more than 12 days before the trial (Wyo. Stat. § 1-21-1004). The court's form, FED 06, says that if you choose to take part you should report to the circuit court clerk's office before the time stated, and if you do not take part, judgment may be entered against you.
What it does and does not mean
- It is not yet an order to leave. It is a notice of a trial.
- You do not have to file a written answer to take full part in the trial (Wyo. Stat. §§ 1-21-1004, 1-21-1006). The court's Optional Answer form, FED 09, lets you write down your side if you want to.
- If you do not appear, the court still tries the case, but the buyer must prove its complaint or the case is dismissed (Wyo. Stat. § 1-21-1005).
- If the buyer wins, the court issues a writ of restitution on request. The national guide to a writ of possession explains these orders in other states.
The deadlines and how to count them
- Trial: on the date in the summons, 3 to 12 days after you were served.
- Continuance: the court cannot postpone the trial for you for more than 2 days unless you post a bond for rent that may come due and costs (Wyo. Stat. § 1-21-1007).
- Writ of restitution: unless you appeal, the officer must carry it out within 2 days after receiving it, not counting Sundays (Wyo. Stat. § 1-21-1013).
- Appeal: an appeal does not stop the eviction unless, within 48 hours after judgment, not counting Sundays, you file a bond with two or more sureties the court approves (Wyo. Stat. § 1-21-1014(b)).
What to do this week
- Call Legal Aid of Wyoming at 1-877-432-9955 the day you are served. The trial can be only days away.
- Gather your papers: the Notice to Quit Premises, the summons and complaint, the notice of sale, the certificate of purchase, and any letters from the buyer.
- Check the dates. Were you given at least 3 days of notice to quit before the case was filed? Had three months passed since the sale?
- If you want to, fill out the court's Optional Answer (FED 09). The Wyoming Judicial Branch has instructions (FED 08) and court navigators who can help with forms.
- Go to the circuit court clerk's office before the trial time. Bring copies of everything.
- Plan for a move in case the court rules for the buyer.
Free help in Wyoming
Legal Aid of Wyoming gives free civil legal help to low-income residents. The Wyoming Judicial Branch legal help page lists court navigator services, free legal answers and its self-help forms. The Wyoming foreclosure help page lists more.
- Do not skip the trial because someone promised to handle it for you. Check with the clerk that any agreement was filed.
- Be careful with anyone who asks for money to stop an eviction.
The rest of the Wyoming process
See how foreclosure works in Wyoming, the timeline, ways to stop it and free help in Wyoming, or read the national guide to this letter.
Common questions
Do I have to file an answer to a Wyoming eviction summons?
No. Wyo. Stat. §§ 1-21-1004 and 1-21-1006 say you may take full part in the trial without filing a written answer. You can still file the court's Optional Answer form if you want to. You need to show up on the trial date.
How fast can I be removed after a Wyoming eviction judgment?
If the buyer wins and asks for a writ of restitution, the officer must carry it out within 2 days after receiving it, not counting Sundays, unless you appeal and file the required bond within 48 hours (Wyo. Stat. §§ 1-21-1013, 1-21-1014).
What if I do not go to the trial?
The court tries the case without you. The buyer must prove its complaint or the case is dismissed (Wyo. Stat. § 1-21-1005), but you lose the chance to tell your side.
Other Wyoming letters
- Notice of Intent to ForecloseA Wyoming Notice of Intent to Foreclose is the first paper in a foreclosure by advertisement and sale. Wyoming law requires it before the lender can start publishing a notice of sale. It does not set a sale date, but the newspaper notice can start as soon as 10 days after it is mailed.
- Notice of Foreclosure SaleA Wyoming Notice of Foreclosure Sale gives the date, time and place your home will be auctioned. It is mailed to you by certified mail before it first appears in the newspaper, and it must run once a week for four weeks in a row. You still have three months to redeem after any sale.
- Certificate of PurchaseA Wyoming Certificate of Purchase is the paper the sheriff or other officer gives the winning bidder instead of a deed. It is recorded with the county. It says the buyer gets a deed only if no one redeems, and you have three months from the sale date to redeem and stay in the home.
- Sale Results (Notice of Excess Proceeds)In Wyoming, if a foreclosure sale brings in more money than the lender is owed, the lender must mail you the sale results within 10 business days. Getting this letter usually means there may be surplus money. The surplus is paid to you on demand, after costs, the mortgage and timely claims from junior lienholders.
- Notice to Quit PremisesA Wyoming Notice to Quit Premises, often called a three day notice to quit, tells you to leave the home. After a foreclosure sale, the buyer must serve it at least three days before filing a forcible entry and detainer (eviction) case. It is not a court order, and only a court can order you out.