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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 North Carolina, 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 lawsuits by having the court determine the rightful owner or beneficiary of the assets in question. The process is governed by the North Carolina Rules of Civil Procedure, specifically Rule 22, which outlines the procedure for interpleader actions. An attorney can assist stakeholders in filing an interpleader action to ensure that the funds or property are properly deposited with the court and that the stakeholder is discharged from liability regarding the disputed assets.

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Civil procedure

interpleader

Individual & Family Legal Plan

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North-Carolina State Code

Civil procedure

interpleader

North-Carolina State Code

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