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Documents to be
filed:
- An original writ of summons and
complaint (bill of interpleader)
Note: The complaint must:
- allege only facts that show that
there are adverse claims to the fund or property (P.B. Sec. 23-43),
- join all parties who claim to be
entitled to or have an interest in such money or other property, (C.G.S. 52-484) and
- claim an allowance for counsel fees
and disbursements, if any are sought. (C.G.S. 52-484).
Note: The money in dispute is not deposited
with the clerk until an interlocutory judgment of interpleader is entered and
the deposit of the funds is ordered by the court.
- A proper officer’s return of service
- Entry fee. The current fee is $300.
Note on
subsequent proceedings:
- Once all parties have filed responses
to the Plaintiff’s complaint seeking a decree of interpleader, a Motion for
Interlocutory Judgment of Interpleader shall be filed and scheduled on the
short calendar.
- The Motion for Interlocutory Judgment
ordering the parties to interplead by stating their claims to the funds or
property will be heard.
- Once that Motion for Interlocutory
Judgment is entered, the parties shall file waivers, statements of claim, or
responses to the claims or responses of the other parties. Parties who fail
to file a claim or response shall be defaulted.
- The case shall then proceed to
disposition as a regular civil case. (P.B. Sec. 23-44)
Civil
Procedures
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