§ Form 4.30 Answer With Counterclaim for Interpleader
Form 4.30 Answer With Counterclaim for Interpleader [FN1]
STATE OF MAINE SUPERIOR COURT
CUMBERLAND COUNTY, ss. CIVIL ACTION
DOCKET NO. _______
AB, Plaintiff )
of Bath, )
Sagadahoc County, )
)
vs.
) ANSWER AND COUNTER-
) CLAIM
)
CD, Defendant )
of Bath, )
Sagadahoc County, )
_____________________________________ )
CD, Counterclaimant )
of Bath, )
Sagadahoc County, )
)
vs.
)
)
EF, Defendant )
of Bath, )
Sagadahoc County, )
ANSWER
[see Form 4.20, supra.]
COUNTERCLAIM
The defendant, (name), as counterclaimant alleges:
1. Counterclaimant received the sum of ten thousand dollars as a deposit from (E.F.).
2. Plaintiff, (A.B.), has filed suit seeking a judgment requiring counterclaimant to pay the deposit to him by virtue of an assignment of it which plaintiff claims to have received from (E.F.).
3. (E.F.) has notified counterclaimant that the purported assignment is not valid, and holds the counterclaimant responsible for the deposit.
WHEREFORE, (counterclaimant) asks that the court:
(1) order that (E.F.) be made a party defendant and required to respond to the complaint and to this counterclaim. [FN2]
(2) order the plaintiff, (A.B.), and (E.F.) to interplead their respective claims to the deposit held by counterclaimant;
(3) adjudge whether the plaintiff or E.F. is entitled to the sum of money.
(4) discharge counterclaimant from all liability to (A.B.) and (E.F.) except to pay over the deposit to the person it shall adjudge entitled to the sum of money; and
(5) award to the counterclaimant [her/his/its] costs, together with interest on the total amount thereof from the date of judgment until paid in full.
(date and signature block)
[FN1] Previously Form 21.
[FN2] Rule 13(h) provides for the court's ordering parties to a counterclaim, but who are not parties to the original action, to be brought in as defendants.