Oregon Sample Letter for Interpleader Action
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How to fill out Sample Letter For Interpleader Action?
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FAQ
?Statutory Interpleader? is based on the federal Interpleader Act ? 28 U.S.C. §1335. Unlike Rule Interpleader, Statutory Interpleader expressly provides jurisdiction in federal court as well as providing certain remedies that flow directly to the stakeholder that are not afforded in Rule Interpleader.
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.
Interpleader. (a) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims expose or may expose the plaintiff to double or multiple liability.
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.
A typical interpleader action occurs when two or more parties make a claim on an insurance policy and the insurance company has no wish to become involved in the fight and interpleads the policy with the court and asks the court to remove it from the matter.
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.
Rule 31 - Interpleader (A) Parties. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability.
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.