A South Carolina Summons (Interpleader) is a legal document issued by a court in the state of South Carolina that requires a third party to bring two or more conflicting claims to the court for resolution. The purpose of the summons is to protect a defendant from being sued multiple times for the same claim. The South Carolina Summons (Interpleader) requires the third party to deposit any funds or property in dispute with the court and to provide a list of all parties involved in the dispute. The summons will also inform the third party of the date and time for the trial. There are two types of South Carolina Summons (Interpleader): 1) Common Law Interpleader, which requires the third party to bring a claim to the court on behalf of two or more claimants who are in conflict over a particular claim; and 2) Statutory Interpleader, which is initiated by a defendant who is uncertain as to who is the rightful claimant and wants to have the court decide the matter.
South Carolina Summons (Interpleader)
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FAQ
An interpleader is a way for a party who holds property (a stakeholder) to initiate a suit between all claimants, who are parties claiming a right to that property.
Generally, interpleader is an equitable remedy in which a person, who owes or is in possession of money or property in which he disclaims any title or interest but which is claimed by two or more persons, prays that the claimants be compelled to state their several claims, so that the court may adjudge to whom the
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.
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.
Statutory interpleader and rule interpleader are the two types of interpleader actions that can be filed.
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute.
Rule 22 - Interpleader (a) GROUNDS. (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.
Because interpleader is an equitable action, traditional equitable defenses should apply, including laches, estoppel, waiver, and unclean hands.