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Complaint To Interplead - Mississippi

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The document is a legal complaint filed by a Plaintiff in the Circuit Court of Mississippi to interplead funds related to an insurance policy covering a dwelling that suffered fire damage. The Plaintiff seeks to resolve conflicting claims from multiple Defendants, including individuals and a federal agency, regarding the proceeds from the insurance policy. The complaint outlines the background of the case, including details about the insurance coverage, repair estimates, and foreclosure proceedings. The Plaintiff requests the court to determine the rightful claimants to the funds without incurring liability.

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What is rule 81 in Mississippi?

A timely Rule 59 motion for a new trial or to alter or amend the judgment tolls the time in which to file a notice of appeal; the thirty-day time period in which to file a notice of appeal runs from the entry of the order disposing of the post-trial motion.

What is an example of an interpleader action?

This can also involve situation where a person is overseeing a property that two or more people claim to be rightfully theirs. The person is uninterested in the property and has no real stake in the situation, thus filing for interpleader action to relieve them of any liability.

What is an interpleader complaint?

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.

What is the rule 59 in Mississippi?

Rule 65 authorizes parties to seek temporary restraining orders (TROs) and preliminary injunctions in civil cases in which permanent injunctive relief or other relief is being sought.

What do you mean by interpleader?

Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute.

Why would someone initiate an interpleader action?

**Purpose of Interpleader**: An Interpleader action is typically filed when a stakeholder (in this case, your former attorney) holds funds that are claimed by multiple parties (the loan company and possibly you) and seeks a courts determination on who is entitled to the funds.

What is a complaint in interpleader?

An interpleader is a way for a party who holds property (a stakeholder ) to initiate a suit between all claimants, who are parties claiming a right to that property.

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