Wake North Carolina Sample Letter for Interpleader Action

Name: Wake North Carolina Sample Letter for Interpleader Action
Brand: US Legal Forms
Rating: 4.65 (302 reviews)

Category:

Letters - Legal - Interpleader

State:

Multi-State

County:

Wake

Control #:

US-0274LTR

Format:

Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

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 an equitable proceeding brought by a third party to have a court determine the ownership rights of multiple claimants to the same asset or property that is held by that third party.

Conditions for Instituting an Interpleader Suit There must be two or more persons claiming it against each other. The person from whom such money or property is being claimed must not be claiming an interest therein other than the charges and costs.

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.

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.

Suggested answer. LTAs counsel should file an action for interpleader against the two women and pray that the court resolve their conflicting claims. The action should be filed in the Municipal Trial Court because the subject of the action is an amount within the jurisdiction of said court.

The action of interpleader, under section 120, is a remedy whereby a person who has personal property in his possession, or an obligation to render wholly or partially, without claiming any right in both, comes to court and asks that the persons who claim the said personal property or who consider themselves entitled

In an interpleader suit plaintiff only is allowed to file a suit against the defendant when the defendant claims the debtor property from the plaintiff. Plaintiff is not in the direct possession of the property.

(02cc026ant0259r02c8pl025bd0259r ) noun. a legal procedure by which two or more parties claiming the same money or property may be compelled to resolve the dispute among themselves in a single action rather than proceeding individually against the party holding the disputed money or property.

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8 In the wake of that case, use. Lamber Goodnow Injury Lawyers Chicago. Pages.Amendments relating to Maritime Security Act of 2003. Sec. 14. Of the Securities Exchange Act of 1934 (§240. 12b-2 of this chapter).

Wake North Carolina Sample Letter for Interpleader Action

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