Montana Code 25-31-119. Interpleader actions
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.
Terms Used In Montana Code 25-31-119
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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.
………………..,
Plaintiff
vs.
……………….., INTERPLEADER AFFIDAVIT
Defendant
and
………………..,
Defendant
)
State of Montana ) ss
)
…………….., being duly sworn, deposes and says: That ……………., a defendant, resides at ……………. That ……………., a defendant, resides at ……………. That the plaintiff has custody or possession of money in the amount of $….., held pursuant to the following:
…………………………….
…………………………….
…………………………….
…………………………….
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.
……………………..
Affiant
Subscribed and sworn to before me this …. day of ……., 20….
……………………….
Justice of the Peace
………………………
Clerk
ORDER
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…
……………………….
Justice of the Peace
…………………………
Clerk