O.C.G.A. § 9-11-121 (2019)
Form of answer to complaint set forth in Code Section 9-11-108, with counterclaim for interpleader
IN THE __________ COURT OF __________ COUNTY
STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. __________ C.D., ) Defendant )
ANSWER Defense Defendant denies the allegations stated to the extent set forth in the counterclaim herein.
COUNTERCLAIM FOR INTERPLEADER 1.
Defendant received the sum of $10,000.00 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 attorney's fees.
__________________________________ Attorney for defendant __________________________________ Address
History
(Ga. L. 1966, p. 609, § 123; Ga. L. 1980, p. 649, § 16.)
Annotations
JUDICIAL DECISIONS Cited in Insurance Co. of N. Am. v. Citizens Bank, 225 Ga. 347, 168 S.E.2d
578 (1969); Evans v. Cushing Properties, 197 Ga. App. 380, 398 S.E.2d 306 (1990).