§ Form 31 Answer to a Complaint for Money Had and Received With a Counterclaim for Interpleader

Codes > Federal Rules of Civil Procedure > Appendix of > Form 31

Form 31. Answer to a Complaint for Money Had and Received With a Counterclaim for Interpleader

(Caption--See Form 1.)

Response to the Allegations in the Complaint

(See Form 30.)

Counterclaim for Interpleader

    1. The defendant received from name a deposit of $_______.

    2. The plaintiff demands payment of the deposit because of a purported assignment from name, who has notified the defendant that the assignment is not valid and who continues to hold the defendant responsible for the deposit.

    Therefore, the defendant demands that:

        (a) name be made a party to this action;

        (b) the plaintiff and name be required to interplead their respective claims;

        (c) the court decide whether the plaintiff or name or either of them is entitled to the deposit and discharge the defendant of any liability except to the person entitled to the deposit; and

        (d) the defendant recover costs and attorney's fees.

(Date and sign--See Form 2.)