Interpleader Litigation Lawyer Missouri
There are times, where people are owed various goods and services that they worked for. Moreover, when it comes to the factors pertaining to litigation, there is a strong focus, on whether one person or the other, is the one that should owe various properties or funds. A strong example of this would be homeowning. For example; if a husband and a wife were to get a divorce, one of the defining aspects that may come into play, would be who would get to keep various assets, such as the owned house, being an example. Moreover, finances would play a factor as well. Another example of litigation assessments would pertain to job work. For example; if an employer refused to give a worker wages that were owed, and there was a debate about whether the employee in question really worked the hours that they said, this would be another example of litigation. These factors can be complicated, and as such, it is important to contact a lawyer in such circumstances. An example of this would be through contacting an interpleader litigation lawyer Missouri residents rely on.
Interpleader Litigation Lawyer Missouri
What the main focuses of interpleader litigation lawyers focus on, pertain to breaking down who owns what property or assets, how much of what is owed to the opposing party and/or the person in question. What this helps to do is assess if the law has been broken in the interpleader situation. For example; a situation involving wage theft in a litigation situation would break the law, compared to a situation involving who gets to keep what, in a divorce. Moreover, a strong aspect that should also be focused on, pertains to branching out and appealing to people in need of different types of cases. For example; Legacy Law Center, has a focus on different types of interpleader litigation cases, such as estate planning, probate administration, as well as estate litigation. For any legal business, these kinds of practices help to branch out and assist in building a wide variety of cases, among audiences.
A Missouri interpleader litigation lawyer from the Legacy Law Center is accustomed to handling interpleader actions. With an interpleader action, one party may make a claim with two or more other parties about who has control of an asset. The court will decide who has the rights to this asset, place this asset into the court or a third party’s custody, and remove itself from litigation. But to achieve this outcome, the party who is holding an asset must file an interpleader action. The party initiating litigation is called the stakeholder. The property or money in focus is called the res, and every defendant with a potential interest in the subject are called claimants.
The process of an interpleader proceeding as a couple different stages. The first assesses if the stakeholder is actually entitled to an interpleader, and if it should be released from liability. The second step determines which of these claimants is entitled to the res. A stakeholder doesn’t have the funds or time to fight over ownership, so the other parties have a platform to debate amongst themselves in court. To have grounds for an interpleader process, the following must happen:
- The same debt, duty, or thing must be the res claimed by every claimant
- Adverse claims or titles must be derived or dependent from a common source
- A stakeholder cannot claim or have interest in the res
- A stakeholder must have accrued no independent liability to the other claimants, and must be unbiased to the outcome
Interpleader action can occur when two or more parties have claims on an insurance policy, and the insurance agency has no desire to be part of the debate, and asks the court to remove it. Another instance of interpleader action would be an escrow holder for a real estate transaction that holds a deposit, and there is disagreement between parties about who should get a deposit back. As a Missouri interpleader litigation lawyer has seen, in these types of situations, it is often the escrow holder who will file an interpleader action. To have a res released, an interpleader res holder has to deposit sums to the court, which safeguard it while the issue is being litigated.
All in all, the purpose of an interpleader is to remove a party that doesn’t have a stake in the verdict of a dispute over an asset held by another party. It permits the claimants to have a platform to argue the subject at hand, without wasting money or time of the uninterested party. Every potential claimant must be brought into the action, otherwise the relief to the stakeholder won’t be effective. As your Missouri interpleader litigation lawyer may explain, if you are one of these claimants, once served you have to appear and state your claims, or you may not have a chance to do so again.
If you have further questions or concerns about an interpleader proceeding, don’t hesitate to reach out to our team for help. We understand that an interpleader process can be confusing, so we are here to clarify and offer guidance. We hope to hear from you today!