Rule 2316.Recovery of Property and Execution.

Winning the interpleader brings two rights. The party ultimately found entitled to recover is entitled to payment or delivery of the money or property awarded under Rule 2315, and to execution upon any judgment entered in its favor against any party to the interpleader.

Neither right depends on complete service. Both apply although an interpleaded claimant has not been served as Rule 2308 requires, so a missing claimant does not hold up the winner’s recovery. Together, Rule 2307(b) and Rule 2317 leave the risk of that claimant’s later claim with the defendant. Rule 2307(b) discharges a complying defendant only as to the plaintiff and claimants who were served, and Rule 2317 bars the court from making the winner enter into a recognizance or undertaking, or indemnify the defendant, on account of an unserved claimant.