Persons having claims against the plaintiff arising out of the same or related subject matter may be joined as defendants and required to interplead when their claims may expose plaintiff to double or multiple liability. It is not a ground for objection to interpleader that the claims of the several claimants or the titles upon which their claims depend do not have a common origin or are not identical, or are adverse to or independent of one another, or that the plaintiff avers that he or she is not liable in whole or in part to any of or all the claimants. A defendant under similar circumstances may obtain like relief by counterclaim. The provisions hereof are not a limitation upon the joinder of parties or causes of action.
2-409.Interpleader.
Article II. Civil Practice · Part 4. Parties · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-409 lets a plaintiff join competing claimants as defendants and require them to interplead when their claims could expose the plaintiff to double or multiple liability, without regard to whether those claims share a common origin.
Full Text of 735 ILCS 5/2-409
Plain-English Summary
When people have claims against a plaintiff that arise out of the same or a related subject matter, and those claims could expose the plaintiff to double or multiple liability, the plaintiff may join them as defendants and require them to interplead — that is, to fight out among themselves who is entitled to what. It doesn't matter that the claimants' claims, or the titles their claims rest on, lack a common origin, aren't identical, or are adverse to or independent of one another. It also doesn't matter that the plaintiff says it isn't liable, in whole or in part, to any or all of the claimants.
A defendant facing similar circumstances can get the same kind of relief by counterclaim. And nothing in the section limits the ordinary rules for joining parties or causes of action.
Frequently Asked Questions
What is interpleader under Section 2-409?
It's a procedure that lets a plaintiff join, as defendants, people who have claims against the plaintiff arising from the same or a related subject matter, and require them to interplead when those claims could expose the plaintiff to double or multiple liability.
Do the competing claimants' claims have to share a common origin?
No. It isn't a ground for objection that the claims, or the titles they depend on, lack a common origin, aren't identical, or are adverse to or independent of one another.
Can the plaintiff use interpleader while denying it owes anything to the claimants?
Yes. It isn't a ground for objection that the plaintiff avers it isn't liable, in whole or in part, to any or all of the claimants.
Can a defendant use interpleader too?
Yes. A defendant under similar circumstances may obtain like relief by counterclaim.
Does interpleader replace the ordinary rules on joining parties?
No. The provisions on interpleader are not a limitation on the joinder of parties or causes of action generally.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: interpleader illinoisdouble or multiple liability claimantsinterpleader by counterclaim illinoisjoining competing claimants as defendants