You are on page 1of 2

What's an interpleader?

is a special civil action where a person who has property in his possession or in obligation to
perform either wholly or in part but who claims no interest in the subject or whose interest is
disputed by others goes to court and ask that the conflicting claimants to the property or
obligation be required to litigate among themselves in order to determine finally who is entitled to
the same.

When the cases filed in court, the cause of action is always needed but interpleader is an
exception to the rule the person who files an action for interpleader is without cause of action.
The subject matter contributors are usually real property personal property or the performance of
an obligation.

What are the grounds for filing an interpleader? Answer: when there's electing claims upon the
same subject matter and the claim is made against a person who claims no interest whatsoever
in the property order to an interest which in whole or in part is not disputed by the claimant's.

Is a motion to dismiss available in an action for interpleader? Answer: yes understood action for
of who 62 of the rules of court.

What is also available in interpleader's? Answer: declaration of default allowance of counterclaim,


cross-claims and pretrial. If the would-be plaintiff in an interpleader is suit ahead he should file his
answer would become a friend interpleader if not interpleader is barred.

A give me an example of an should for interpleader. Exley stressor building when the time came
for him to pay the rental fee three persons came each claiming that he is entitled to receive the
rent.
Pay the wrong person. What is the remedy of ethics?
Answer: X can: action in interpleader to compel the three claimants to interpleader litigate just
wait for the decision which will guide ethics on hold to pay the rent.

What courts have jurisdiction over any action for interpleader? Answer: well, the menace of bull
trial court has jurisdiction if the subject matter is a property or money of 100,000 pesos or less or
200,000 or less in Metro Manila. Also the regional trial Court has Jewish diction if the amounts
are beyond the jurisdiction of the civil trial court.

How is an interpleader filed?

First they filing of a good leader. Upon filing of the complaint the court issues an order requiring
conflicting claimants to dictate with one another. If the interest of justice with wires the court to
direct invest such order that the subject matter be paid for delivered to the court.

Summonses and served upon each of the conflicting claimants together with a copy of the cup
late in order requiring them to interpleader. The defendant filed a motion to dismiss? Yes, a
motion to dismiss can be filed with the same kind of the answer each claimant can file a motion to
dismiss on the crown of impropriety of the interpleader workarounds under rule 16 section 4
Rules of Court. Each claimant shall file his answer setting with his to his respective claim, serving
copy of his answer upon each other conflicting claimants. This must be done within 15 days. The.
To answer is told by a motion to dismiss and if denied the movement can answer with the
remaining period of not less than five days from notice of denial
.
What if there is failure to plead? Answer: any claimant who fails to plead within the proper
reglementary period, on motion can be declared in default and after the court may enter judgment
barring him from any claim interest back to the subject matter.
The parties can file counterclaims cross-claims third-party complaints and responsive pleadings
also.

How was the case determined? Answer: after the pleadings of the victim claimants and after
pretrial the court shall proceed to determine their respective rights and adjudicate their several
claims.

You might also like