8.01-364 - Interpleader. - Virginia Statutes

§ 8.01-364. Interpleader.

A. Whenever any person is or may be exposed to multiple liability through theexistence of claims by others to the same property or fund held by him or onhis behalf, such person may file a pleading and require such parties tointerplead their claims. It is not ground for objection to the joinder thatthe claims of the several claimants or the titles on which their claimsdepend do not have a common origin or are not identical but are adverse toand independent of one another, or that the plaintiff avers that he is notliable in whole or in part to any or all of the claimants. A defendant in anaction who is exposed to similar liability may likewise obtain suchinterpleader. The provisions of this rule supplement and do not in any waylimit the joinder of parties permitted in § 8.01-5.

B. The remedy herein provided is in addition to and in no way supersedes orlimits the remedy provided by any other section of this Code.

C. In any action of interpleader, the court may enter its order restrainingall claimants from instituting or prosecuting any proceeding in any court ofthe Commonwealth affecting the property involved in the interpleader actionuntil further order of the court.

Such court shall hear and determine the case and may discharge theappropriate party from further liability, make the injunction permanent, andmake all appropriate orders to enforce its judgment.

D. A person interpleading may voluntarily pay or tender into court theproperty claimed, or may be ordered to do so by the court; and the court maythereupon order such party discharged from all or part of any liability asbetween the claimants of such property.

(Code 1950, § 8-226; 1977, c. 617; 1978, c. 415.)