A defendant to an action exposed to similar liability or litigation may obtain interpleader by counterclaim or cross- petition. Any claimant not already before the court may be brought in to maintain or relinquish that claim to the subject of the action, and on default after due service, the court may decree such claim barred.
Rule 1.252.By defendants
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.252 lets a defendant facing similar exposure raise interpleader as a counterclaim or cross-petition, bring in any claimant not already in the case, and get a claim barred by default if that claimant fails to respond after being served.
Full Text of Rule 1.252
Plain-English Summary
Rule 1.251 covers a person who starts a lawsuit as interpleader; rule 1.252 covers a defendant who discovers, once already sued, that it faces the same kind of layered exposure. Rather than filing a new action, that defendant can raise interpleader defensively, through a counterclaim against the plaintiff or a cross-petition against a coparty, pulling in the interpleader remedy without leaving the pending case.
Because the competing claimant might not yet be part of the lawsuit, the rule lets the defendant bring that person in to either maintain or give up the claim to whatever is at stake. If that claimant is served and does not respond, rule 1.252 lets the court enter a default and bar the claim outright -- a real consequence for a claimant who ignores the interpleader notice rather than showing up to press or drop its claim.
Frequently Asked Questions
How does a defendant raise interpleader without filing a separate action?
Rule 1.252 lets a defendant exposed to similar liability or litigation obtain interpleader by counterclaim against the plaintiff or cross-petition against a coparty, within the pending case.
What happens if a claimant brought into the case under Rule 1.252 doesn't respond?
After due service, if that claimant defaults, the court may decree the claim barred, under rule 1.252.
Can I bring in a claimant who isn't already a party to the lawsuit?
Yes. Rule 1.252 allows any claimant not already before the court to be brought in to maintain or relinquish their claim to the subject of the action.
Do I have to file a cross-petition, or can I raise this through a counterclaim?
Either works. Rule 1.252 allows a defendant to obtain interpleader through a counterclaim or a cross-petition, depending on which party the interpleader is directed against.
How does this differ from the interpleader described in Rule 1.251?
Rule 1.251 covers a stakeholder who initiates a stand-alone interpleader action. Rule 1.252 covers a defendant already in a lawsuit who raises the same remedy defensively, against the plaintiff or a coparty, instead of starting a new case.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
Also known as: iowa interpleader by defendantiowa rule 1.252 counterclaim interpleadercross petition interpleader iowadefault barred claim interpleader iowa