Petition For Concursus Formation

State:
Louisiana
Control #:
LA-5140
Format:
Word; 
Rich Text
Instant download

Description

The Petition for Concursus Formation is a legal document filed in Louisiana that allows a petitioner to deposit disputed funds into the court's registry, thereby protecting the interests of all parties involved. This form is essential for attorneys and legal professionals involved in cases where there is ambiguity regarding the rightful ownership of funds, typically involving retainers or payments disputed by clients. The form requires the petitioner to detail the circumstances leading to the dispute, including agreements made and actions taken. It includes sections for identifying defendants, stating the retained amount, and outlining the petitioner's standpoint regarding earned fees. It is vital for legal practitioners to ensure that the document is completed accurately, as it will guide the court's orders regarding fund distribution and potential hearings. The target audience, including attorneys, paralegals, and legal assistants, can utilize this form to facilitate disputes on payment returns effectively and uphold compliance with court procedures. Additionally, clear instructions for filing and possible editing requirements will ensure that the document is prepared correctly and expedites legal processes.
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FAQ

Definition. A concursus proceeding is one in which two or more persons having competing or conflicting claims to money, property, or mortgages or privileges on property are impleaded and required to assert their respective claims contradictorily against all other parties to the proceeding.

Definition: Concursus is a Latin term that means "a running together." In law, it refers to: A legal proceeding where two or more creditors claim an interest in a fund or estate, often in opposition to each other, to sort out and adjudicate all the claims on the fund. Inter-pleader in civil law.

Petition/Answer ? When a person or company believes they have been damaged by fault, breach, or neglect, Louisiana law provides that the person allegedly wronged, the plaintiff, may file a Petition for Damages.

If the plaintiff files and serves a discovery request with his petition, the defendant shall file his answer to the petition within thirty days after service of citation and service of discovery request.

The petition in a concursus proceeding shall comply with Article 891, shall allege the nature of the competing or conflicting claims, and shall include a prayer that all of the persons having such claims be required to assert their respective claims contradictorily against all other parties to the proceeding.

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Petition For Concursus Formation