Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. 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 the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross claim or counterclaim. The provisions of this section supplement and do not in any way limit the joinder of parties permitted in s. 803.04.
803.07.Interpleader.
Ch. 803: Parties · Last amended 2007 · Last verified July 15, 2026
In one sentenceSection 803.07 lets a plaintiff who faces competing claims to the same money or property join all the claimants as defendants and require them to interplead, even if their claims share nothing but a common target, and gives a similarly exposed defendant the same tool through a cross claim or counterclaim.
Full Text of Section 803.07
Plain-English Summary
When a plaintiff is or may be exposed to double or multiple liability, the claimants asserting those competing claims can be joined as defendants and required to interplead. Joinder is not defeated just because the several claims, or the titles they depend on, share no common origin, are adverse to and independent of one another, or because the plaintiff avers that it is not liable in whole or in part to any or all of the claimants.
A defendant exposed to similar double or multiple liability can obtain the same relief by way of cross claim or counterclaim, and section 803.07 supplements, rather than limits, the permissive joinder of parties allowed under section 803.04.
Frequently Asked Questions
What is interpleader used for in Wisconsin practice?
It lets a party facing competing claims to the same money or property join all the claimants as defendants and have them litigate their competing claims together, so the party is not exposed to paying twice.
Do the competing claims have to be related to each other for interpleader to work?
No. Section 803.07 says it is not a ground for objection that the claims or the titles they depend on lack a common origin or are adverse to and independent of one another.
Can I use interpleader if I deny owing anything to any of the claimants?
Yes. A plaintiff can join claimants and require them to interplead even while averring it is not liable in whole or in part to any or all of them.
Can a defendant, not just a plaintiff, use interpleader?
Yes. A defendant exposed to similar double or multiple liability can obtain interpleader by way of cross claim or counterclaim.
Does interpleader replace the general joinder rules in Wisconsin?
No. Section 803.07 supplements the permissive joinder of parties allowed under section 803.04 and does not limit it.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 649 (1975); 1975 c. 218; 2007 a. 97.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: interpleader wisconsin ruledouble liability claims wisconsincompeting claims to the same fund wisconsinstakeholder lawsuit interpleader wisconsin