California Sample Letter for Interpleader Action
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How to fill out Sample Letter For Interpleader Action?
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FAQ
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.
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.
complaint, also called ?crossclaim,? is an independent action brought by a party against a coparty, the original plaintiff, or someone who is not yet a party to the lawsuit. The crosscomplaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant.
Cross-complaint A defendant can sue the plaintiff back, or even sue another defendant in the case. If there's someone else who is not part of the case they think is responsible, they can sue them as well and have them be part of the case. This is called filing a cross-complaint.
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.
Section 386 - Cross-complaint in interpleader (a) A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, ...
For example, if Trucker John hired some loaders to load the furniture, and they were the ones that damaged the furniture, then Trucker John could crossclaim the loaders for all or part of the damage to the furniture.