How to Delay a Sheriff Lockout by Appealing an Eviction in Wyoming
If you’re facing eviction in Wyoming and a lockout by the sheriff is imminent, you may be wondering if it’s possible to delay or stop the process. In Wyoming, you have the right to appeal an eviction judgment, and—if done correctly—you may be able to temporarily stay (pause) the sheriff’s lockout until your appeal is heard.
This article explains your rights, which forms you need, and what steps to take to try to remain in your home while your appeal moves forward.
Understanding Eviction and Sheriff Lockout in Wyoming
When a landlord wins an eviction case (often called a "forcible entry and detainer" or "unlawful detainer" action) in Wyoming, the court issues a Writ of Restitution. This court order allows the county sheriff to remove you and your belongings from the property, usually within a few days. The timeline can move quickly, leaving renters with little time to act.[1]
Your Right to Appeal an Eviction Judgment
Under Wyoming law, you have the right to appeal an eviction judgment to a higher court (district court). Filing an appeal can, in some cases, halt the sheriff’s lockout if you follow specific procedures and file the proper paperwork right away.
- Timeframe: You typically have 5 days from the date of judgment to appeal an eviction decision in Wyoming.[2]
- Effect: The eviction and lockout may be paused ("stayed") if you also file a request for stay and a required bond, and if the court grants it.
How to Stay a Sheriff Lockout: Step-by-Step
To delay a sheriff lockout through the appeals process, you must follow these steps:
- File a Notice of Appeal and supporting documents at the Circuit Court where your eviction case was heard.
- Submit a Request for Stay of Execution (Stay of Writ of Restitution). This asks the court to pause enforcement while your appeal is pending.
- Pay (or request waiver of) the required appeal and bond fees.
- Serve the landlord (plaintiff) with copies of all filed documents.
Requesting a stay does not guarantee you can stay in your home—the court must approve it, and there are conditions. Prompt action and accurate forms are critical.
Essential Forms for Renters in Wyoming
-
Notice of Appeal (No standard state form; check with your county Circuit Court)
When & How: Used to start the appeal process by notifying both the Circuit Court and the District Court you are appealing. File within 5 days of the court’s judgment. Locate your local circuit court's forms and instructions. -
Request for Stay of Execution / Stay of Writ of Restitution (No standard state form)
When & How: Submit along with your Notice of Appeal. If the judge grants your stay, it temporarily pauses the sheriff lockout. The Wyoming Courts' “How to Appeal a Judgment from Circuit Court” guide provides details. -
Cost Bond or Bond for Stay of Execution (typically set by court order)
When & How: You must post a bond to cover rent or damages as determined by the court if you want to stay during your appeal. The court will set the amount. Failure to post bond means the lockout may proceed. -
Motion for Waiver of Filing Fees
When & How: If you cannot afford filing fees or bond, ask the clerk for this motion (sometimes called an Affidavit of Indigency) for your county. More information is available from the Wyoming Judicial Branch Self-Help Forms page.
Because there is no universal state form, contact your local circuit court for the correct paperwork or assistance. Official guidance and court contact information can be found on the Wyoming Circuit Courts official site.
What Happens Next?
If your stay is granted, you may stay in your rental until the appeal is decided, provided you meet the bond or payment terms set by the court. If the stay is not granted or you miss a deadline or requirement, the sheriff may proceed with the lockout.
If you’re unsure about next steps, seek legal help right away—timing is critical. Consult free legal services or your local clerk for procedural guidance.
Laws and Procedural Authority
In Wyoming, eviction and appeal rules are outlined in the Wyoming Statutes Title 1, Chapter 21 – Forcible Entry and Detainer and Wyoming Rules of Civil Procedure. Official guidance can also be found in the How To Appeal a Judgment from Circuit Court booklet.[2],[3]
The courts responsible for residential evictions are the Wyoming Circuit Courts and Wyoming District Courts.
Frequently Asked Questions (FAQs)
- How soon after an eviction judgment can the sheriff lock me out?
Usually within a few days after the Writ of Restitution is issued. The process can move quickly in Wyoming. - Do I automatically get to stay in my rental if I file an appeal?
No. You must also request a stay of execution and, often, pay a bond. The court decides whether to grant the stay. - What if I can’t afford the appeal fees or bond?
You can request a fee waiver by filing a Motion for Waiver of Filing Fees with your court. Approval is not automatic—be prepared with documentation. - Can I appeal an eviction judgment after the deadline?
Appeal rights are strict in Wyoming—missing the 5-day deadline usually means losing your right to appeal. Act quickly. - Where do I get help with forms and the appeals process?
Contact your local Circuit Court or the Wyoming Courts’ self-help page for official instructions and guidance.
Key Takeaways for Renters
- Act fast: You only have 5 days after judgment to begin an appeal and request a stay.
- Getting a stay is not automatic—it requires filing specific paperwork and usually posting a bond.
- Seek assistance from your local court or legal aid for the best chance to pause a lockout.
Timelines are short and details matter—when in doubt, contact your court or a qualified Wyoming rental advocate quickly.
Need Help? Resources for Renters
- Wyoming Circuit Courts – Find your local court and staff who can answer procedural questions.
- Wyoming Judicial Branch Self-Help Forms – Download forms and guides.
- Equal Justice Wyoming – Free or low-cost legal resources for qualifying renters.
- Wyoming State Bar – Find a Lawyer
- Wyoming 2-1-1 – Connect with local help and housing advocates.
- Wyoming Statutes Title 1, Chapter 21 – Forcible Entry and Detainer. See official eviction laws
- Wyoming State Courts – "How to Appeal a Judgment from Circuit Court." View the official guide
- Wyoming Rules of Civil Procedure. Review the current rules
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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