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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 New York, when there is a dispute over funds or property held by a third party not involved in the dispute, the third party can initiate an interpleader action. This legal process allows the third party, such as an insurance company or a business, to deposit the disputed funds or property with the court. The court then holds the assets 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 funds or property in question. The process is governed by the New York Civil Practice Law and Rules (CPLR), specifically under Article 10, which outlines the procedure for interpleader actions. An attorney can provide guidance on filing an interpleader action and represent the stakeholder's interests throughout the legal process.

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Civil procedure

interpleader

Individual & Family Legal Plan

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New-York State Code

Civil procedure

interpleader

Articles