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Civil litigation

funds in registry of court

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 Montana, when there is a dispute over funds or property that is 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 securely while the dispute is resolved. The interpleader action relieves the third party from liability and places the responsibility on the court to determine the rightful owner or beneficiary of the assets in question. The process is governed by the Montana Rules of Civil Procedure, and it typically requires the filing party to demonstrate that they are subject to multiple claims on the same property or money, which may expose them to double liability. Once the assets are deposited with the court, the claimants are then required to litigate their claims and rights to the assets in the court proceeding.

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Civil litigation

funds in registry of court

Individual & Family Legal Plan

Articles

Montana State Code

Montana State Code

Civil litigation

funds in registry of court

Articles