Tarrant Texas Sample Letter for Interpleader Action
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FAQ
A way for a holder of property to initiate a suit between two or more claimants to the property.
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.
An interpleader action is not a traditional dispute between a plaintiff and defendants. Rather, its purpose is to determine the defendants' rights to something of value, often a monetary fund, that plaintiff is holding but does not claim.
A way for a holder of property to initiate a suit between two or more claimants to the property. If, for example, A holds property that he knows he does not own, but that both B and C are claiming, A can sue both B and C in an interpleader action, where B and C could litigate who actually owns the property.
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.
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.
A proceeding by which a person, from whom two or more persons claim the same property or debt or land who does not himself claim the property or dispute the debt, can protect himself from legal proceedings by calling upon the two claimants to interplead that is to say, claim against one another so that the title to
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. Intervention: Intervention is the process by which a third party is allowed to join a lawsuit.
Each claimant shall file his answer within 15 days from service of the summons, serving a copy thereof upon each of the other conflicting claimants, who may file their reply thereto.