When there is a dispute over money (funds) or property, and the money or property is held by a person or entity who is not a party to the dispute—such as an insurance company in possession of insurance proceeds or a payment due a business under a contract in which a former employee or business partner claims an ownership interest—the party holding the disputed funds or property may place it in the registry of the court (by filing an interpleader action) and allowing the court to safeguard the funds or property until it determines the rightful owner.
In West Virginia, when there is a dispute over funds or property held by a third party not involved in the dispute, the third party can use an interpleader action to deposit the disputed assets with the court. This legal process allows the court to hold the funds or property in its registry while the dispute is resolved. The interpleader action protects the stakeholder from multiple liabilities and litigation by having the court determine the rightful owner or beneficiary of the assets in question. The process is governed by the West Virginia Rules of Civil Procedure, and it typically requires the stakeholder to file a complaint in the appropriate court, serve all claimants, and then deposit the disputed assets with the court. The court will then notify the claimants, who must assert their claims within a specified time frame, after which the court will adjudicate the matter and distribute the funds or property accordingly.