Florida Statute 68.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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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.

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Amendments to 68.05

Annotations, Discussions, Cases:

Cases Citing Statute 68.05

Total Results: 5 | Sort by: Relevance | Newest First

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Cerna v. Swiss Bank Corp.(Overseas), SA, 503 So. 2d 1297 (Fla. 3d DCA 1987).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 485

...the debtor is "fraudulently disposing of his property" to avoid payment of a debt. § 76.04(10), Fla. Stat. (1985); see § 77.031, Fla. Stat. (1985) (garnishment). Consistent with the statutory prerequisites for the maintenance of a creditors' bill, § 68.05, Fla....

...[2] For the foregoing reasons, we quash the writs of garnishment and the writ of attachment insofar as it relates to Cerna's books and records. The order denying the motion to dissolve the writ of attachment is otherwise affirmed. Affirmed in part, reversed in part. NOTES [1] This provision states: 68.05....

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Koehler v. Roberts, 661 So. 2d 374 (Fla. 2d DCA 1995).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 594944

...appellant personally liable for the debt of World Wide. 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)....

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Smith v. Daniel Mones, P.A., 459 So. 2d 462 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 9 Fla. L. Weekly 2528, 1984 Fla. App. LEXIS 15967

he instituted a creditor’s bill pursuant to Section 68.05 of the Florida Statutes (1983). The *463causes

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Wendell v. Wilshire Corp., 544 So. 2d 320 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 1373, 1989 Fla. App. LEXIS 3213, 1989 WL 58720

collection of a claim of indebtedness as required by section 68.05, Florida Statutes, which provides: Creditors’

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Mills v. Lawhon, 448 So. 2d 1162 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12712

Thereafter, she filed a creditor’s bill under Section 68.05, Florida Statutes (1981), against the estate

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