FORM 16. ANSWER TO COMPLAINT SET FORTH IN FORM 7, WITH COUNTERCLAIM FOR INTERPLEADER

Effective Date: 1/1/2001

Defense

Defendant denies the allegations stated in the complaint to the extent set forth in the counterclaim herein.

Counterclaim for Interpleader

1. Defendant received the sum of one thousand dollars as a deposit from E.F.

2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E.F.

3. E.F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit.

Wherefore defendant demands:

(1) That the court order E.F. to be made a party defendant to respond to the complaint and to this counterclaim.

(2) That the court order the plaintiff and E.F. to interplead their respective claims.

(3) That the court adjudge whether the plaintiff or E.F. is entitled to the sum of money.

(4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money.

(5) That the court award to the defendant its costs and disbursements.

STATE OF NORTH DAKOTA,

County of _______

)
)
)
In District Court

_______ Judicial District



A. B., )
Plaintiff )
vs. ) CIVIL ACTION FILE
C. D., ) NUMBER _______
Defendant and )
Third-Party Plaintiff ) MOTION TO BRING IN
vs. ) THIRD PARTY DEFENDANT
E. F., )
Third-Party Defendant )

Defendant moves for leave, as third-party plaintiff, to cause to be served upon E.F. a summons and third party complaint, copies of which are hereto attached as Exhibit X.

Signed: _______________________________
Attorney for Plaintiff

Address: ______________________________

NOTICE OF MOTION

(Contents the same as in Form 14. The notice should be addressedto all parties to the action.)

EXHIBIT X

(Contents the same as in Form 17 and 18.)

Effective Date Obsolete Date
01/01/2001 View