South Carolina Order for Interpleader and Summons for Hearing is a court order issued by a court in South Carolina to multiple claimants to come before the court to resolve a dispute over ownership of property or money. The court will hold a hearing to determine who has the rightful claim to the property or money involved. The Order for Interpleader and Summons for Hearing is issued by the court to each claimant, notifying them of the court's jurisdiction and of the hearing date. The Order also informs the claimants of the property or money involved, and any applicable deadlines and other requirements for filing a claim. The two types of South Carolina Order for Interpleader and Summons for Hearing are the Summons and Complaint, and the Motion for Interpleader Order. The Summons and Complaint is issued by the court when a dispute arises between multiple claimants over ownership of property or money. This document is sent to each claimant, notifying them of the court's jurisdiction and of the hearing date. The Motion for Interpleader Order is issued by the court when a dispute arises between multiple parties over ownership of property or money. This document informs the claimants of the property or money involved, and any applicable deadlines and other requirements for filing a claim.
South Carolina Order for Interpleader and Summons for Hearing
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FAQ
Statutory interpleader and rule interpleader are the two types of interpleader actions that can be filed.
LEGAL ANALYSIS (B) A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing. S.C. Code Ann.
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. An interpleader allows the stakeholder to bring all claimants into the same action, instead of litigating against claimants in separate actions.
The broker would file a Bill of Interpleader if he or she did not claim any rights in the deposit under dispute. If this method is selected, the broker may be awarded court costs and attorney's fees since the broker is making no claim for any of the funds in dispute.
Statutory interpleader. Section 1335. Specifically, pursuant to Section 1335, a plaintiff may commence an interpleader action in federal district court if: The money or property in dispute exceeds $500 in value, and. There are two more claimants of diverse citizenship.
Ordinarily, it should take two or three months for the broker's portion of the interpleader action to be completed.
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.
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.