Remedial Law (Civil Procedure)

1. Rule 62: Interpleader
Requisites:
1. The plaintiff claims no interest in the subject matter or his claim is not disputed;
2. There must be atleast two or more conflicting claims
3. The parties to be interplead must make effective claims;
4. The subject matter must be one and the same.
Interpleader is proper when:
a. Whenever conflicting claims upon the same subject matter are or may be made
against a person who claims no interest whatever in the subject matter;
b. an interest which in whole or in part is not disputed by the claimants, he m ay
bring an action against the conflicting claimants to compel them to interplead and
litigate their several claims among themselves.
When IMPROPER:
a. in an action where defendants have conflicting claims against the plaintiff
b. in an action where one defendants had sued the plaintiff and secure judgment
against him which has already become final. The action is barred by laches or
unreasonable delay.
Motion to dismiss: May be filed on the ground of impropriety of the interpleader
action or on other grounds specified in Rule 16.
If claimant failed to file an answer fails to please the court may on motion declare
him in default and render judgment barring him from any claim in respect to the
subject matter.