Arizona Sample Letter for Interpleader Action
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How to fill out Sample Letter For Interpleader Action?
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FAQ
By bringing an interpleader action, a stakeholder can have claimants litigate among themselves, determine which claimants have a rightful claim to the property, and avoid multiple liability. For example, A holds one million dollars. B and C each claim to be the sole owner of the money that A possesses.
Rule 22 - Interpleader (a) Grounds (1)Generally. Interpleader is a procedure where one holding money or property subject to adverse claims may seek to avoid multiple liability by joining in a single action anyone who asserts or may assert claims to the money or property. (2)By a Plaintiff.
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.
Interpleader. (a) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims expose or may expose the plaintiff to double or multiple liability.
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.
Rule interpleader follows the normal rules for subject matter jurisdiction, personal jurisdiction, venue, and service. Contrast rule interpleader with ?statutory interpleader,? which follows special rules, like normally allowing nationwide service or personal jurisdiction.
In an interpleader action, a party who knows two or more other parties are making a claim on some asset controlled by the party can ask the court to decide who has what rights to the asset, deposit the asset into the custody of the court or a third party and remove itself from the litigation.
A typical interpleader action occurs when two or more parties make a claim on an insurance policy and the insurance company has no wish to become involved in the fight and interpleads the policy with the court and asks the court to remove it from the matter.