The cost of an eviction in Wyoming for all filing, court, and service fees can vary based on service fees. For cases filed in Circuit Court, [ttip number=’1′ icon=’popover-balance’]the average cost is $255.
Fee | Circuit |
Initial Court Filing | $70 |
Summons Service | ~$50+ |
Writ of Restitution Service | $50+ |
Notice of Appeal Filing (Optional) | $85+ |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Wyoming, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Forcible Entry and Detainer”) with the court.
The filing fee for an initial Forcible Entry and Detainer is $70 [ttip number=’2′ icon=’popover-balance’]. This fee is applicable to all counties in Wyoming.
2. Summons Service Fee
Once a Complaint is filed in Wyoming, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff can charge an amount that does not exceed $50. [ttip number=’3′ icon=’popover-balance’] If the sheriff is unsuccessful after the third attempt, the sheriff shall receive a fee that does not exceed $10 for each succeeding attempt. However, a registered private process server can charge more.
3. Writ of Restitution Service Fee
In Wyoming, if the court rules in favor of the landlord, the court shall issue a Writ of Restitution upon the landlord’s request. The writ is the tenant’s final notice to vacate the premises.
A Wyoming sheriff can serve the tenant with the writ and shall charge $50 for the first three attempts, [ttip number=’3′ icon=’popover-balance’] after the third attempt, the sheriff shall receive a fee that does not exceed $10 for each succeeding attempt.
The sheriff can enforce the Writ of Restitution within 2 calendar days after receiving it (except for Sundays). The officer may enter the rental unit and remove the tenant and their belongings if the tenant has not vacated. Once the writ is executed, the landlord shall gain legal possession of the property.
4. Notice of Appeal Filing Fee
If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed within 48 hours after judgment is entered. The Appeal filing fee is $85, plus $20 for the preparation of the record on Appeal.
Sources
- 1 WY Stat § 1-21-1001 (2022)
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Any circuit court within the judicial district may inquire against those who make unlawful and forcible entry into lands and tenements and detain the same, or against those who, having a lawful and peaceable entry into lands or tenements, unlawfully or by force hold the same. If it is found that an unlawful and forcible entry was made and the lands or tenements are held by force, or that after a lawful entry the lands are held unlawfully, the judge shall require restitution to the complaining party.
- 2 WY Stat § 5-9-135 (2022)
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For all civil matters the circuit court shall collect from the plaintiff an original filing fee of twenty dollars ($20.00), a court automation fee of forty dollars ($40.00), and an indigent civil legal services fee of ten dollars ($10.00) excluding small claims civil actions as provided in W.S. 1-21-201 through 1-21-205 which shall have a filing fee of ten dollars ($10.00).
- 3 WY Stat § 18-3-608 (2022)
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(a) For the serving of process according to the Wyoming Rules of Civil Procedure, each county sheriff shall receive from the party requesting service a single fee, to be determined and set by the board of county commissioners after a public hearing, paid in advance to be credited to the county general fund, not to exceed fifty dollars ($50.00) for the first three (3) attempts at service at a different time and date for each attempt. Thereafter a fee not to exceed ten dollars ($10.00) may be charged for each succeeding attempt.