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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.
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.
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.
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.
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.
A person must remember that impleader is used by a party to bring a person not a party (a third party) into the action, intervention is used by a person not a party to the action to force his way into the action, and interpleader is used by a person subject to multiple claims to the same property to force all claimants ...
?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.
(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.