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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 Louisiana, 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 a legal procedure called 'interpleader' to avoid liability and to have the court determine the rightful owner. This is often used by insurance companies, banks, or other entities that hold assets which are claimed by two or more parties. By filing an interpleader action in the appropriate Louisiana court, the entity can deposit the disputed funds or property with the court, effectively removing themselves from the dispute and allowing the court to resolve the matter. The court will then safeguard the assets until it can make a determination on the rightful owner or owners based on the evidence presented. This process helps ensure that the funds or property are distributed according to the court's interpretation of the law and the rights of the parties involved.

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Civil procedure

interpleader

Individual & Family Legal Plan

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Louisiana State Code

Civil procedure

interpleader

Articles