what attorney in georgia does interpleading

Do I need an attorney to file an interpleader complaint?

Sep 26, 2019 · COMES NOW COTTON STATES MUTUAL INSURANCE COMPANY, (hereinafter “COTTON STATES”), an insurance company doing business in the State of Georgia , and pursuant to O.C.G.A. §9-11-22 and 23-3-90 et seq. files this Petition for Interpleader and concurrently tenders into the Registry of Court the sum of $17,500.00 by way of interpleading, shows to ...

Should I hire an attorney to represent me as an interpleader?

The Basic Process: In an interpleader action, the party initiating the litigation, normally the plaintiff, is termed the stakeholder. The money or other property in controversy is called the res. All defendants having a possible interest in the subject matter of the case are called claimants. In some jurisdictions, the plaintiff is referred to ...

What happens if the court grants an interpleader?

§ 23-3-90 - Interpleader; when compelled; taxing of costs, attorney's fees GA Code § 23-3-90 (2014) What's This? (a) Whenever a person is possessed of property or funds or owes a debt or duty, to which more than one person lays claim of such a character as to render it doubtful or dangerous for the holder to act, he may apply to equity to ...

Can an interpleading party get attorney’s fees from the court?

award is most appropriate when the interpleading plaintiff is a mere stakeholder -- a person claiming no interest in the funds -- such as a REALTOR®. Accordingly, a request for attorney fees should be made in all pleadings filed with the court -- if an attorney is involved -- …

Where do I file interpleader?

The action should be filed in the Municipal Trial Court because the subject of the action is an amount within the jurisdiction of said court.Jun 17, 2017

Who can file interpleader suit?

According to Order 35, Rule 5 of the Code of Civil Procedure, which prohibits the tenant to file a suit against his landlord for the purpose of compelling him to interplead with any person other than making claim through such landlord.Aug 28, 2019

What are interpleader proceedings?

Interpleader is a kind of procedure whereby a person in possession of property not being his own, and being claimed from such person (possession) by two or more other persons (so called claimants), by which the matter can be brought to court for adjudication over ostensibly valid and enforceable competing claims over ...

When should interpleader be proper?

The action of interpleader, under section 120, is a remedy whereby a person who has personal property in his possession, or an obligation to render wholly or partially, without claiming any right in both, comes to court and asks that the persons who claim the said personal property or who consider themselves entitled ...

Which suits are not of civil nature?

Some suits that are not of civil nature are:Suits involving purely religious rites.Suits for mere dignity or honour.Suits against compulsion from caste and so on.Jul 10, 2021

What is the purpose of interpleader?

Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute.

What is a Rule 58?

Rule 58 provides that orders may be granted in matrimonial matters in respect of the following – interim maintenance; a contribution towards the costs of a pending matrimonial action; interim care of any child; or. interim contact with any child.Mar 1, 2021

What is contained in an interpleader notice?

According to Rule 58(3), the interpleader notice shall: state the nature of the liability, property or claim which is the subject matter of the dispute; call upon the claimants within the time stated in the notice, not being less than 15 days from the date of service thereof, to deliver particulars of their claims; and.Aug 12, 2021

What is the difference between interpleader and intervention?

Interpleader: Interpleader occurs when a third party enters into a lawsuit, usually to determine that party's rights with regard to property at issue in the lawsuit. Intervention: Intervention is the process by which a third party is allowed to join a lawsuit.

What is insurance interpleader?

Interpleader is a legal proceeding involving a stakeholder, usually a life insurance company or a trustee, who is holding funds but is uncertain as to who is the rightful payee.Jan 22, 2020

What is a stakeholder interpleader?

In an interpleader action, the party initiating the litigation, normally the plaintiff, is termed the stakeholder. The money or other property in controversy is called the res. All defendants having a possible interest in the subject matter of the case are called claimants.

What are the special civil actions?

[2] A special civil action is also one by which one party sues another to enforce or protect a right, or to prevent or redress a wrong. However, such action, although governed by rules for ordinary civil actions, is subject to the specific rules prescribed for a special civil action.