§ 9-11-121.Form of answer to complaint set forth in Code Section 9-11-108, with counterclaim for interpleader
Chapter 11. Civil Practice Act · Article 10. Forms · Last amended 1980 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-121 shows a defendant’s answer to the “money had and received” complaint in Code Section 9-11-108, paired with a counterclaim for interpleader that brings in the person who assigned the disputed deposit and asks the court to decide who is entitled to it.
IN THE ______________________ COURT OF ______________________ COUNTY
A.B., STATE OF GEORGIA
Plaintiff ) ) v. ) ) Civil action C.D., ) File no.______________________ ) Defendants ) 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 plaintiff ______________________ Address
Plain-English Summary
This form completes the pairing this article sets up with the money-had-and-received complaint elsewhere in the article: a defendant holding a deposit received from a third party, caught between the plaintiff’s demand for it and that third party’s protest that the demand is not valid.
The Defense section is brief — it denies the complaint’s allegations only to the extent addressed in the counterclaim that follows. The Counterclaim for Interpleader then lays out why the defendant cannot pay outright: the defendant received a deposit from a named third party; the plaintiff demands payment based on an assignment claimed to come from that third party; and the third party has separately notified the defendant that the assignment is not valid and that the defendant remains responsible to the third party for the deposit.
The five-part demand asks the court to bring the third party into the case as a defendant, order the plaintiff and the third party to interplead their competing claims, adjudge which of them is entitled to the money, discharge the defendant from liability except to whichever claimant the court names, and award the defendant its costs and attorney’s fees.
Read against the earlier complaint form it answers, this pairing shows interpleader used defensively — not as a standalone lawsuit an insurer or stakeholder files first, but as a counterclaim raised by a defendant already sued over money it is unsure how to distribute.
Frequently Asked Questions
What complaint does this sample answer respond to?
The “money had and received” complaint set out in Code Section 9-11-108.
Why does the defendant file a counterclaim instead of paying the plaintiff outright?
Because a third party separately claims the deposit and disputes the validity of the assignment the plaintiff relies on, leaving the defendant unsure who is entitled to the money.
What does the counterclaim ask the court to do with the third party?
To make the third party a party defendant so it can respond to both the original complaint and the counterclaim.
What relief does the defendant seek for itself?
Discharge from liability except to whichever claimant the court determines is entitled to the deposit, plus costs and attorney’s fees.
Is interpleader used here as an original complaint or as a defensive counterclaim?
As a defensive counterclaim, showing how a defendant already sued over disputed funds can invoke interpleader rather than filing it as a separate lawsuit.
Amendment History
Ga. L. 1966, p. 609, § 123; Ga. L. 1980, p. 649, § 16.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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