New York Complaint for Declaratory Judgment and Interpleader Action or Burial Policy
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How to fill out Complaint For Declaratory Judgment And Interpleader Action Or Burial Policy?
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FAQ
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.
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.
If the right to interplead has been asserted in a motion by the defendant, the claimant should file and serve opposing declarations. If the claimant is responding to a complaint or cross-complaint, the full array of defensive pleadings is available.
(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.
Collusion, bad faith or inequitable conduct by the interpleading party which create the controversy may be a defense to an interpleader action.
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.
The essence of interpleader is to remove a party who has no real stake in the outcome of a struggle for an asset held by the party. It allows all the other claimants to have a forum in which to argue the matter without wasting the time and money of the uninterested party.