§ 25-31-119 — Interpleader Actions

Montana § 25-31-119

• Jurisdiction: Montana
• Title 25: CIVIL PROCEDURE
• Ch. 31: PROCEDURE IN JUSTICES' COURTS
• Part 1: General Provisions

Text

25-31-119 . Interpleader actions. (1) As used in this chapter, interpleader actions determine the rights of rival claimants to a fund held by a disinterested party and may be maintained in the justice's court when any person appears before a justice of the peace and executes an affidavit setting forth the nature and basis of the claim.
(2) The person filing the interpleader affidavit shall deposit the funds with the justice of the peace at the same time the interpleader affidavit is filed.
(3) The interpleader must be substantially in the following form:
In the Justice's Court of the State of Montana in and for the County of ............., before ..............., Justice of the Peace.
That the defendants claim or may claim to be entitled to the money. That the plaintiff deposits into the court $....., which represents the amount of money in dispute.
That the plaintiff resides at the address shown.
Subscribed and sworn to before me this .... day of ......., 20....
The State of Montana to the within named defendants, greeting:
You are directed to appear and answer the interpleader claim at my office in ............... (name, building, or residence), in ................., County of ..............., State of Montana, on the ....... day of ........, 20..., at the hour of ......(AM)(PM) and to have with you all books, papers, and witnesses needed by you to establish your claim to the money.
You are further notified that in case you do not appear, judgment will be given against you as follows:
Determining or foreclosing your claim to the above-described money, as well as the disposition of the money; and in addition, for costs of the action.
Dated this ....... day of .............., 20...

Legislative History

En. Sec. 2, Ch. 326, L. 1991; amd. Sec. 58, Ch. 51, L. 1999.