Affidavit for Summons in Interpleader (Form DC-432) – Virginia Court

The Affidavit for Summons in Interpleader (Form # DC-432) is a legal document used in the General District Court of Virginia, pursuant to VA. CODE ANN. §§ 16.1-119-120. This form is utilized when an individual, referred to as the applicant, seeks the court’s intervention to determine the rightful owner of property or funds that are subject to conflicting claims. The affidavit must be signed by the applicant and sworn before a notary public, who will authenticate the document. The form facilitates the resolution of disputes involving property or funds, ensuring that all parties have the opportunity to present their claims in court.

Follow these steps to ensure all necessary information is provided accurately:

Step-by-Step Instructions

Return Date and Case Number

1. • Enter the date on which the court expects the case to be returned.
   • Write down the case number assigned to your case.

Applicant Information

1. • Fill in your full name where it says “NAME OF APPLICANT.”
   • Enter your complete address in the space provided.

Plaintiff and Defendant Information

1. • Write the full name of the plaintiff in the space marked “PLAINTIFF.”
   • Provide the full name of the defendant in the space marked “DEFENDANT.”

Property Details

1. • Specify the date on which the action took place (e.g., the date of judgment execution, distress warrant, or lien acquisition).
   • Indicate the type of action by checking the appropriate box:
     • Execution on judgment
     • Warrant of distress
     • Lien on money or other personal estate
   • Provide a detailed description of the property in question.

Property Value

1. • Check the box to confirm that the property’s value does not exceed the court’s jurisdictional limits.
   • If applicable, check the box to indicate that the claim involves the disposition of an earnest money deposit from a real estate purchase contract.

Sale or Hearing Information

1. • Specify the date when the property is about to be sold or finally disposed of.
   • Provide the location of the sale or hearing.

Claim of Interest

1. • Describe your interest in the property. This should explain why you believe you have a right to the property or funds.

Summons Request

1. • Request that the court issue a summons in interpleader to all parties involved, requiring them to show cause why the property should not be discharged from the sale.

Signature and Notarization

1. • Sign and date the affidavit in the presence of a notary public.
   • The notary public will complete the acknowledgment section, including their registration number and the expiration date of their commission.

Notary Public Section

• The notary public will fill out the state and county or city where the acknowledgment takes place.
• They will also date the document and provide their signature and notary registration number.

Tips for Completing the Form

• Ensure all information is accurate and complete.
• Double-check names, addresses, and dates for correctness.
• Use clear and legible handwriting if filling out the form by hand.
• If you need assistance, consider consulting with a legal professional.

Submission

• Once the form is completed and notarized, submit it to the General District Court handling your case.

Following these steps will help ensure that the Affidavit for Summons in Interpleader (Form # DC-432) is properly completed and submitted, facilitating the resolution of disputes involving the property or funds in question.