Mont. Code § 25-35-508

Current through the 2023 Regular Session

Section 25-35-508 - 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 small claims division of 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 SMALL CLAIMS DIVISION OF THE JUSTICE'S COURT OF ......... COUNTY, MONTANA 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

§ 25-35-508, MCA

En. Sec. 4, Ch. 326, L. 1991; amd. Sec. 59, Ch. 51, L. 1999.