§ 16-61-114 - Interpleader by defendant.
16-61-114. Interpleader by defendant.
(a) Upon affidavit of a defendant, before answer in any action upon contract or for the recovery of personal property, that some third party, without collusion with him or her, has or makes a claim to the subject of the action, and that he or she is ready to pay or dispose thereof, as the court may direct, the court may:
(1) Make an order for the safekeeping, for the payment or deposit in court, or for delivery of the subject of the action to such person as it may direct; and
(2) Make an order requiring the third party to appear in a reasonable time and maintain or relinquish his or her claim against the defendant; and
(3) In the meantime stay the proceedings.
(b) (1) If the third party, being served with a copy of the order, fails to appear, the court may declare him or her barred of all claims in respect to the subject of the action against the defendant therein.
(2) If he or she appears, he or she shall be allowed to make himself or herself defendant in the action, in lieu of the original defendant, who shall be discharged from all liability to either of the other parties, in respect to the subject of the action, upon his or her compliance with the order of the court for the payment, deposit, or delivery thereof.