Hawaii Sample Letter for Interpleader Action
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How to fill out Hawaii Sample Letter For Interpleader Action?
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FAQ
The essence of interpleader is to remove a party who has no real stake in the outcome of a struggle for an asset held by the party. It allows all the other claimants to have a forum in which to argue the matter without wasting the time and money of the uninterested party.
(1) By a Plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead.
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.
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.
Collusion, bad faith or inequitable conduct by the interpleading party which create the controversy may be a defense to an interpleader action.
Rule 16.1 - Expedited or Non-Expedited Track Assignment Based on Case Characteristics; Discovery Limitations; Trial Setting (a)Assignment of case to expedited track.
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.
If the right to interplead has been asserted in a motion by the defendant, the claimant should file and serve opposing declarations. If the claimant is responding to a complaint or cross-complaint, the full array of defensive pleadings is available.