Fill and Sign the Complaint for Interpleader and Declaratory Relief United Form

IN THE CHANCERY COURT OF COUNTY, MISSISSIPPI BANK PLAINTIFFVS. CAUSE NO. DEFENDANTS COMPLAINT FOR INTERPLEADER COMES NOW, Bank, , Mississippi, by and through its attorneys of record and files this its Complaint for Interpleader pursuant to Rule 22 of the Mississippi Rules of Civil Procedure and in support thereof states as follows: 1. Bank (hereinafter ) is a national banking association with its principal place of business in , Mississippi and a duly authorized branch bank location in , County, Mississippi. 2. (hereinafter " ") is an adult resident citizen of County, Mississippi who may be served with process at his residence, , , Mississippi 39 . 3. (hereinafter " ") is an adult resident citizen of County, Mississippi, who may be served with process at his/her residence , , Mississippi 39 . 4. (hereinafter " ") is an adult resident citizen of County, Mississippi, who may be served with process at his/her residence , , Mississippi 39 . 5. (hereinafter " ") is an adult resident citizen of County, Mississippi, who may be served with process at his/her residence , Mississippi 39 . 6. (hereinafter " ") is an adult resident citizen of County, Mississippi, who may be served with process at his/her residence , Mississippi 39 . 7. For purposes of simplicity, , , and are hereinafter collectively referred to as "the Children". 8. On or about , check number from in the amount of , payable to the Estate of was submitted to for deposit. Said check was endorsed with signatures purporting to be those of and and was deposited in error to an account of at Bank. A copy said check is attached hereto as Exhibit "A" and incorporated herein by reference. 5. Subsequently, on or about , Bank received a letter from (hereinafter 8888), an attorney representing one or more of the Children, alleging that said check was improperly endorsed and demanding that the at issue be "reimbursed" to the "estate". 6. By letters dated , Bank notified and that the at issue had been charged against the account of and was being held by Bank until received joint instruction as to whom the funds should be paid. Copies of said letters are attached hereto as Exhibits "B" and "C", respectively, and are incorporated herein by reference. 7. As the innocent stakeholder of the funds in dispute, Bank has no interest in the funds but is uncertain to whom it is liable for the money held. Because both and the Children claim ownership of the subject funds, Bank is subject to multiple suits and the possibility of multiple liability, all of which can be avoided by the court making a determination as to the claims of the respective parties to the subject funds. 8. has repeatedly attempted to have and the Children resolve the issue between themselves and to jointly instruct Bank as to whom is entitled to the subject funds. However, and the Children have failed or refused to do so. As a result, Bank has been forced to hire an attorney to file this Interpleader to have the issue decided and has incurred attorney's fees and costs for which it is entitled to be reimbursed as a result thereof. 9. Pursuant to Rule 22 (b) of the Mississippi Rules of Civil Procedure, Bank, in connection with the filing of this Complaint for Interpleader is depositing and delivering to the registry of this Court the funds in dispute and respectfully request that (1) Bank be discharged from liability as to all claims to said funds, (2) Bank be reimbursed its attorney's fees for bringing this interpleader action and (3) the action continue between all claimants to such funds.WHEREFORE, PREMISES CONSIDERED, Plaintiff, Bank respectfully requests that the Court accept this Complaint for Interpleader, that the court require the Defendants to answer herein, that the court receive the deposit and delivery of the disputed funds, that Bank be discharged from liability as to all claims to said funds, and that the court make a determination between the Defendants and any other interested parties as to their rights to the subject funds. In addition, Plaintiff, Bank also respectfully request that it be reimbursed, from the funds interpled herein, all of its attorneys fees and cost expended in connection with this Interpleader action. Respectfully submitted this the day of , 20 . BANK___________________________ By: Of Counsel: Telephone: MSB # Attorney for