What is the purpose of interpleader?

Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute.

What is the difference between Impleader and interpleader?

As nouns the difference between interpleader and impleader is that interpleader is (legal) one who makes an interplea while impleader is (legal) a procedural device before trial in which a party joins a third-party into a lawsuit because that third-party is liable to an original defendant.

What does it mean to Interplead funds?

n. the procedure when two parties are involved in a lawsuit over the right to collect a debt from a third party, who admits the money is owed but does not know which person to pay.

What does interpleader mean in legal terms?

A way for a holder of property to initiate a suit between two or more claimants to the property. If, for example, A holds property that he knows he does not own, but that both B and C are claiming, A can sue both B and C in an interpleader action, where B and C could litigate who actually owns the property.

When can you file interpleader?

Section 5. Answer and other pleadings. — Each claimant shall file his answer setting forth his claim within fifteen (15) days from service of the summons upon him, serving a copy thereof upon each of the other conflicting claimants who may file their reply thereto as provided by these Rules.

What is interpleader proceeding?

INTERPLEADER PROCEEDINGS (ORDER 17) What are interpleader proceedings? Definition: Where Df is sued Pf claiming property held Df in which Df has no interest but which is also claimed a TP, Df may take out serve a summons on both claimants for an order that the issue as to ownership be decided between them.

What is an impleader action?

Impleader: Impleader is a process by which a third party is brought into a lawsuit by a defendant. The third party becomes a participant in the lawsuit and is known as a third party defendant.

Who may file an interpleader?

What are the requisites of interpleader? 1. There must be two or more claimants with adverse or conflicting interests to a property in the custody or possession of the plaintiff. 2.

Who may file interpleader suit?

An interpleader suit means if any person claims any property of her husband or her parents and in case the owner of the property is dead without transferring the property, then the second owner has to claim the property from the bank or authority.

Where do I file a complaint with interpleader?

LTAs counsel should file an action for interpleader against the two women and pray that the court resolve their conflicting claims. The action should be filed in the Municipal Trial Court because the subject of the action is an amount within the jurisdiction of said court.

What is a cross complaint?

Cross-complaint, also called “crossclaim”, is an independent action brought by a party against a co-party, the original plaintiff, or someone who is not yet a party to the lawsuit. The cross-complaint must arise out of the same transaction or occurrence of plaintiff’s claim against the defendant.

Is Impleader permissive?

If submitted on time, the case becomes compulsory; the court must allow the impleader. If the deadline is missed, it becomes permissive, meaning the impleader is left to the discretion of the judge.

What is interpleader?

Interpleader is a procedure whereby a person holding money or personal property to which conflicting claims are being made by others, can join the adverse claimants and force them to litigate their claims among themselves. (Hancock Oil Co. v. Hopkins (1944) 24 Cal.2d 497, 508; City of Morgan Hill v. Brown (1999) 71 Cal.4th 1114, 1122.)

Who is the plaintiff in an interpleader case?

In some jurisdictions, the plaintiff is referred to as the plaintiff-in-interpleader and each claimant a claimant-in-interpleader. An interpleader proceeding has two stages. The first stage determines if the stakeholder is entitled to an interpleader and if he, she or it should be discharged from liability.

What is an interpleader’s claim for relief based on?

The key is that the “claim [ ] for relief . . . must be based on wrongful conduct independent from the filing of an interpleader, or the retention of interpleaded assets pending direction from the court.” Bank of New York v. First Millennium, Inc.,

What happens if the court grants an interpleader?

It has discretion to allow the interpleader and may deny the relief if the stakeholder is guilty of wrongdoing. If the court grants the interpleader, the stakeholder is dismissed from the action. The claimants are given the right to litigate their claims and will be bound by the decision of the court.