Form 3 – Interpleader Summons

What this form is for

• • Use this form when you hold assets claimed by multiple parties
• • Use when you want protection from liability during the dispute resolution
• • Use when you need the court to determine rightful ownership of disputed property
• • Do not use for straightforward payment disputes without multiple claimants
• • Do not use for criminal matters or family law property disputes

Use this form or another form?

Deadline or filing window

File the interpleader summons as soon as possible after receiving claims from multiple parties, but generally within the statute of limitations period for the underlying claim. There is no specific deadline, but delays may result in loss of protection from claimants.

Before you submit

• • All claimants are properly identified with current addresses
• • Description of disputed assets is complete and accurate
• • Value of disputed property is correctly stated
• • Court fees are paid and receipt attached
• • Original form is signed and dated
• • Copies for all claimants are prepared
• • Method of service complies with court rules

How to file this form

1. 1Complete the Form 3 with all required information about the disputed assets
2. 2Identify all claimants with their full names and addresses
3. 3Prepare a sworn affidavit supporting your interpleader application
4. 4Calculate and pay the appropriate court filing fee
5. 5File the original form and affidavit with the appropriate court office
6. 6Serve copies on all claimants using proper methods of service
7. 7Obtain proof of service for your court file

Known limitations

• • This form does not create a determination of who owns the disputed property
• • The court may require additional security from the stakeholder before proceeding
• • Interpleader is not available for all types of property disputes
• • The stakeholder must be neutral with no interest in the outcome
• • Complex interpleader cases may require legal representation