New Mexico Order to Interplead

Impleader:The third party becomes a participant in the lawsuit and is known as a third party defendant. Interpleader: Interpleader occurs when a third party enters into a lawsuit, usually to determine that party's rights with regard to property at issue in the lawsuit.

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.

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.

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 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.

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.

Interpleader Actions: Potential for Resolving Real Estate Escrow Disputes. Dec 28, 2010. 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.