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Mississippi Motion to Accept Funds Interplead by Plaintiffs

State:
Mississippi
Control #:
MS-60900
Format:
Word; 
Rich Text
Instant download

Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Accept Funds Interplead by Plaintiffs, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-60900

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FAQ

An interpleader action aims to determine the party who is entitled to receive money or property when a neutral third party is holding funds or property and is confronted with two or more claimants to the same money or property.

Introduction: 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.

Interpleader is a kind of procedure whereby a person in possession of property not being his own, and being claimed from such person (possession) by two or more other persons (so called claimants), by which the matter can be brought to court for adjudication over ostensibly valid and enforceable competing claims over

N. the procedure when two parties are involved in a lawsuit over the right to collect a debt from a third party, who admits the money is owed but does not know which person to pay.

Interpleader suit in C.P.C is defined in section 88 with order no XXXV. An interpleader suit means if any person claims any property of her husband or her parents and in case the owner of the property is dead without transferring the property, then the second owner has to claim the property from the bank or authority.

A way for a holder of property to initiate a suit between two or more claimants to the property.Interpleader avoids the problem of A being sued separately by both B and C, and potentially losing the same piece of property twice.

You typically must initiate your interpleader action by filing your complaint with the clerk of the court in the county where the money or property at issue is located. Depending on the defendants and the amount of money at stake, federal court may be proper.

Interpleader is defined as an equitable remedy now governed by statute, whereby a holder of money such as an escrow deposits funds or property with the Court.

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Mississippi Motion to Accept Funds Interplead by Plaintiffs