Massachusetts Sample Letter for Interpleader Action

State:
Multi-State
Control #:
US-0274LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.
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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 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.

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.

Verb (used without object),in·ter·plead·ed, in·ter·plead·ing. Law. to litigate with each other in order to determine which of two parties is the rightful claimant against a third party. to bring two or more claimants before a court to determine which of them is entitled to a claim that a third party recognizes.

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.

An original bill, like a complaint, filed by a party against two or more people who claim a right to the party's same debt or duty. The filing party asks the court to compel the claimants to litigate and establish their rights to this debt or the duty.

Pros and Cons of Interpleader Actions Court rules on ownership: The process relieves the stakeholder of the burden of deciding which claimant should receive the money or property. Since the law allows the plaintiff to file a claim for attorney and court fees, the stakeholder can also recoup costs caused by the dispute.

(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.

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Massachusetts Sample Letter for Interpleader Action