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Civil procedure

interpleader

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 Florida, 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 Florida Rules of Civil Procedure, and it requires the stakeholder to file a complaint in the appropriate court and serve all potential claimants. Once the assets are deposited with the court, the claimants are then responsible for litigating their entitlement to the funds or property. The court will ultimately decide the distribution based on the merits of the case.

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Civil procedure

interpleader

Individual & Family Legal Plan

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Civil procedure

interpleader

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