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Disclaimer: This article is for general educational purposes and does not constitute legal advice. Consult an attorney for guidance on your specific situation.

Detailed Answer

What Is an Affidavit of Collection?

An affidavit of collection is a sworn statement that documents a lienholder’s right to collect payment or enforce a lien on personal property when a debtor defaults on an obligation. In Wyoming, statutory liens can arise from storage, repair or other services provided to personal property under Wyo. Stat. § 34-24-111.

Step-by-Step Process under Wyoming Law

1. Confirm your statutory lien. Under Wyo. Stat. § 34-24-111, you may assert a lien for storage, repair or preservation of personal property. Before drafting an affidavit, send a written demand for payment and wait at least 30 days after the debtor receives it.
2. Draft the affidavit. Your document should include:
   • The lienholder’s legal name and address
   • A clear description of the property (make, model, VIN or serial number)
   • Dates services were performed or storage provided
   • The total amount owed
   • A statement that you made demand and the debtor failed to pay
   • The statutory basis for your lien (e.g., Wyo. Stat. § 34-24-111)
3. Notarize the affidavit. Wyoming law requires affidavits to be sworn before an authorized official. See Wyo. Stat. § 5-2-108 for the rules on oaths and acknowledgments.
4. Record the affidavit. File it with the county clerk in the county where the property is located. Under Wyo. Stat. § 29-2-104, recording an affidavit affecting property rights puts third parties on notice.
5. Obtain certified copies. After recording, request certified copies from the county clerk’s office. County clerks certify recorded documents according to Wyo. Stat. § 29-2-106 and local recording rules.

Once recorded and certified, you may enforce your lien by retaining or selling the property in compliance with the sale procedures set out in Wyo. Stat. § 34-24-111, including providing any required notices to the debtor and advertising the sale.

Helpful Hints

• Use precise descriptions (VIN, serial numbers) to prevent disputes over which items are subject to the lien.
• Keep copies of all written communications and proof of delivery for your records.
• Verify the county clerk’s current fee schedule for recording and certification costs.
• Retain a complete file: original affidavit, proof of notarization, recorded copy and certified copies.
• Consider consulting an attorney if your claim involves high-value items, multiple debtors or complex factual disputes.