What is the purpose of an 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 meaning of Interplead?
: to go to trial with each other in order to determine a right on which the action of a third party depends.
What does Interplead the funds mean?
Interpleader is defined as an equitable remedy now governed by statute, whereby a holder of money such as an escrow deposits funds or property with the Court.
Is interpleader an equitable remedy?
Interpleader is a form of equitable relief. Equitable remedies are ways for courts to enforce rights other than by issuing a judgment for money damages. Interpleader is employed when two or more parties seek ownership of money or property that is held by a third party.
What is a interpleader in law?
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.
What does interpleader mean in a civil case?
Definition of interpleader (Entry 1 of 2) : a proceeding to enable a person to compel parties making the same claim against him to litigate the matter between themselves.
What is Rule interpleader?
In a rule interpleader, there must be an independent basis of federal jurisdiction such as diversity or a federal question jurisdiction. If the action is based upon diversity jurisdiction, the amount or the value of the assets in question must exceed $75,000.
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.
When can you file interpleader?
Answer: Each claimant shall file his answer within 15 days from service of the summons, serving a copy thereof upon each of the other conflicting claimants, who may file their reply thereto.
What is an interpleader suit and who may file it?
Interpleader suit in C.P.C is defined in section 88 with order no XXXV. 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.
What is interpleader suit in property law?
Interpleader suit in C.P.C is defined in section 88 with order no XXXV. 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.
When to file an interpleader suit?
An Interpleader suit is filed in the subject-matter of debt, money, property, movable or immovable property. The plaintiff from whom the property is claimed, must not claim other charges or cost who is ready to pay or deliver it to the rightful claimant. In the first hearing court involved in the proceedings to know the contention of the parties.
What is a test of applicability in interpleader suit?
Because in an interpleader suit one or more defendants are there. In a test of applicability, some questions are asked from the defendant during the pleading. The Plaintiff is the person who only filed a suit in the court on behalf of defendants for the claim of property which is claimed by the different defendants.
What is a bill of interpleader?
: a proceeding by which a person compels parties making the same claim against him or her to litigate the matter between themselves — see also bill in the nature of interpleader and bill of interpleader at bill sense 3a — compare counterclaim, cross-claim, impleader, intervention, joinder.