Florida Statutes

Fla. Stat. § 68.05 (2025)

Creditors’ bills.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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68.05 Creditors’ bills.—Creditors’ bills may be filed in chancery before the claims of indebtedness of the persons filing them have been reduced to judgment, but no such action shall be entertained unless plaintiff has first commenced a separate action at law for the collection of the claims. No final judgment shall be entered on a creditor’s bill until such claims have been reduced to judgment at law.

History.—s. 1, ch. 5137, 1903; GS 1961; RGS 3229; CGL 5035; s. 1, ch. 21976, 1943; s. 22, ch. 67-254.

Note.—Former s. 62.37.

Notes of Decisions

Cited in 5 cases, 1984–1995 · leading case: Cerna v. Swiss Bank Corp.(Overseas), SA, 503 So. 2d 1297 (Fla. 3d DCA 1987).

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Cerna v. Swiss Bank Corp.(Overseas), SA, 503 So. 2d 1297 (Fla. 3d DCA 1987). · cites it 2× “It is first clear that prejudgment attachment properly lies in favor of a creditor, such as the bank, when it appears that the debtor is "fraudulently disposing of his property" to avoid payment of a debt.”

Koehler v. Roberts, 661 So. 2d 374 (Fla. 2d DCA 1995). · cites it 2× “Because of our ruling on this issue, we need not address the other issues raised by the appellant but note that any future proceeding on a creditor's bill should comply with the requirements of section 68.05, Florida Statutes (1991). CAMPBELL, A.”

Wendell v. Wilshire Corp., 544 So. 2d 320 (Fla. 4th DCA 1989). · cites it 5× “In our view, Trustee does not satisfy the statutory requirements to initiate a creditor’s bill because Trustee did not first commence a separate action at law for the collection of a claim of indebtedness as required by section 68.05, Florida Statutes, which provides: Creditors’…”

Smith v. Daniel Mones, P.A., 459 So. 2d 462 (Fla. 2d DCA 1984). “After the respondent had instituted a common law action for damages, he instituted a creditor’s bill pursuant to Section 68.05 of the Florida Statutes (1983).”

Mills v. Lawhon, 448 So. 2d 1162 (Fla. 1st DCA 1984). · cites it 5× “Thereafter, she filed a creditor’s bill under Section 68.05, Florida Statutes (1981), against the estate of Mills’ father, who had recently died, in an attempt to secure any interest which Mills might have in the estate.”

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