Chapter 12. Interpleader; Claims of Third Parties to Property Distrained or Levied On, · Article 1. Interpleader · Last amended 1978 · Last verified July 16, 2026
In one sentenceLets a stakeholder facing competing claims to the same property or fund force the rival claimants into one case to sort out entitlement, even where their claims share no common origin, while letting the court freeze other proceedings over that property and ultimately discharge the stakeholder once the property or fund is paid into court.
A.Whenever any person is or may be exposed to multiple liability through the existence of claims by others to the same property or fund held by him or on his behalf, such person may file a pleading and require such parties to
interplead their claims. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant in an action who is exposed to similar liability may likewise obtain such interpleader. The provisions of this rule supplement and do not in any way limit the joinder of parties permitted in § 8.01-5.
B.The remedy herein provided is in addition to and in no way supersedes or limits the remedy provided by any other section of this Code.
C.In any action of interpleader, the court may enter its order restraining all claimants from instituting or prosecuting any proceeding in any court of the Commonwealth affecting the property involved in the interpleader action until further order of the court.
Such court shall hear and determine the case and may discharge the appropriate party from further liability, make the injunction permanent, and make all appropriate orders to enforce its judgment.
D.A person interpleading may voluntarily pay or tender into court the property claimed, or may be ordered to do so by the court; and the court may thereupon order such party discharged from all or part of any liability as between the claimants of such property.
Plain-English Summary
Interpleader solves a problem that has nothing to do with whether a stakeholder owes anything at all, and everything to do with not wanting to pay the wrong person twice. Anyone holding property or a fund that multiple people claim can file a pleading forcing all those claimants into one case to fight it out among themselves, and a defendant facing the same kind of exposure in an existing lawsuit can use the same tool.
The claims do not need to line up neatly. It is no objection that the rival claims or the titles behind them share no common origin, or that they are adverse to and independent of each other, or even that the stakeholder insists it owes nothing to any of the claimants. This remedy layers on top of, rather than replaces, both the general joinder rules in § 8.01-5 and any other remedy available under the Code.
Once an interpleader case is filed, the court can freeze the situation by restraining every claimant from starting or pursuing any other proceeding in Virginia over the same property until the court says otherwise. And the stakeholder can hand the property or fund over to the court — voluntarily or by court order — after which the court can discharge that party from liability to the claimants, letting the fight over entitlement continue without the stakeholder caught in the middle.
Frequently Asked Questions
Who can file an interpleader action in Virginia?
Anyone exposed, or who may be exposed, to multiple liability through claims by others to the same property or fund held by or on behalf of that person, including a defendant in an action who is exposed to similar liability.
Do the competing claims have to be related to each other?
No. It is not ground for objection that the claims or the titles on which they depend lack a common origin or are adverse to and independent of one another.
Can the stakeholder deny owing anything to any of the claimants?
Yes. The plaintiff may aver that he is not liable in whole or in part to any or all of the claimants and still bring the interpleader.
Can the court stop the claimants from suing elsewhere over the same property?
Yes. The court may enter an order restraining all claimants from instituting or prosecuting any proceeding in any court of the Commonwealth affecting the property until further order of the court.
What happens to the disputed property during an interpleader case?
The interpleading party may voluntarily pay or tender it into court, or may be ordered to do so, after which the court may discharge that party from all or part of the liability as between the claimants.
Amendment History
Code 1950, § 8-226; 1977, c. 617; 1978, c. 415.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as:virginia interpleader statutemultiple claims to same fund virginiainterpleader action virginia civil procedurestakeholder competing claims virginia