Action For Interpleader
Description
How to fill out Complaint For Declaratory Judgment And Interpleader Action Or Burial Policy?
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FAQ
Another example is that an escrow holder in a real estate transaction holds a deposit and the parties are arguing about whether one or the other should receive the deposit back. In such cases, the escrow holder will often file an interpleader action.
In an interpleader action, there are two phases to determine rightful ownership: The first step determines if the stakeholder is entitled to an interpleader and thus relieved of liability. The next step is the action of law determining with claimant should be granted the res (money or property).
An interpleader is a way for a party who holds property (a stakeholder) to initiate a suit between all claimants, who are parties claiming a right to that property. An interpleader allows the stakeholder to bring all claimants into the same action, instead of litigating against claimants in separate actions.
Alternatively, interpleader actions can be brought pursuant to Rule 22 of the Federal Rules of Civil Procedure. Because the Rules do not on their own confer jurisdiction on the federal courts, any action brought under Rule 22 must be brought under one of Congress's general jurisdictional statutes, such as 28 U.S.C.
There are two specific types of interpleader actions in the United States federal courts. Statutory Interpleader governed by 28 U.S.C. § 1335, and Rule Interpleader established by Federal Rules of Civil Procedure 22.