Florida Statutes

Fla. Stat. § 56.051 (2025)

Executions; collection when against principal and sureties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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56.051 Executions; collection when against principal and sureties.—Where there are executions against principals and sureties, or an execution against a principal and surety or sureties, it shall be the duty of the sheriff or other officer to make the money out of the property of the principal, unless the principal be insolvent or has no property, in which case the execution may proceed against the property of the sureties.

History.—s. 7, Mar. 15, 1844; RS 1189; GS 1617; RGS 2821; CGL 4508; s. 11, ch. 67-254; s. 299, ch. 95-147.

Note.—Former s. 55.19.

Notes of Decisions

Cited in 1 case, 1968–1968 · leading case: Dade Cnty. v. Desser & Garfield, Inc., 30 Fla. Supp. 85 (Dade Cty. Civ. & Crim. Ct. Rec. 1968).

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Dade Cnty. v. Desser & Garfield, Inc., 30 Fla. Supp. 85 (Dade Cty. Civ. & Crim. Ct. Rec. 1968). “In view of the provisions of §56.051, Florida Statutes, the sheriff is directed to take this money out of the property of the principal, unless they be insolvent or have no property, in which case the execution shall proceed against the property of the surety.”

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