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0 tracked cards Civil Procedure

A bank holds $250,000 in escrow from a failed real estate sale. The buyer claims the seller breached first and demands the money back. The seller claims the buyer defaulted and demands the money as liquidated damages. A judgment creditor of the seller also claims a lien on any funds payable to the seller. The bank wants to file one federal action requiring the claimants to litigate among themselves.
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Rule interpleader automatically creates nationwide service of process and minimal diversity. Rule interpleader requires the stakeholder to admit full liability to every claimant. Rule interpleader may be used when competing claims may expose the stakeholder to double or multiple liability, even if the claims are adverse and independent, but the action still needs an independent basis for federal jurisdiction. Rule interpleader is available only after the stakeholder has already paid one claimant and been sued by another.

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