(1) If any action is commenced in chancery against any defendant residing out of this state and any other defendant within the state has in his or her hands effects of, or is otherwise indebted to, the absent defendant and the absentee does not appear in the action and give security to the satisfaction of the court for performing the judgment and on affidavit that the absentee is out of the state, or that on inquiry at the absentee’s usual place of abode he or she cannot be found to be served with process, the court may restrain the defendant in this state from paying or conveying or secreting the debts owing by him or her to, or the effects in his or her hands of, the absentee or restrain the absentee from conveying or secreting or removing the property in litigation, or may sequestrate the property which may be necessary to secure plaintiff if he or she prevails, and may order such debts to be paid and effects to be delivered to plaintiff on his or her giving bond with surety for the return thereof.
(2) The court shall require the plaintiff to give bond with surety to be approved by the clerk, to abide the future orders made for restoring the estate or effects to the absent defendant on his or her appearance in the action. If the plaintiff does not furnish the bond, the effects shall remain under the direction of the court or in the hands of a receiver or otherwise for so long a time and shall be disposed of in such manner as the court deems fit.
History.—ss. 1, 2, Feb. 12, 1832; RS 1499; GS 1948; RGS 3211; CGL 5003; s. 10, ch. 29737, 1955; s. 22, ch. 67-254; s. 355, ch. 95-147.
Note.—Former s. 62.22.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 68 - Miscellaneous Proceedings
68.01 - Declaring Tax Assessment Invalid.
68.03 - Sequestration; Proceedings Prescribed.
68.04 - Chancery Jurisdiction Over Liens.
68.06 - Actions Upon Negotiable and Other Instruments; Consideration, Etc.
68.065 - Actions to Collect Worthless Payment Instruments; Attorney Fees and Collection Costs.
68.081 - Florida False Claims Act; Short Title.
68.082 - False Claims Against the State; Definitions; Liability.
68.083 - Civil Actions for False Claims.
68.084 - Rights of the Parties in Civil Actions.
68.085 - Awards to Plaintiffs Bringing Action.
68.086 - Expenses; Attorney Fees and Costs.
68.087 - Exemptions to Civil Actions.
68.088 - Protection for Participating Employees.
68.089 - Limitation of Actions; Effect of Interventions by Department.
68.091 - Construction and Severability of Provisions.
68.092 - Deposit of Recovered Moneys.
68.093 - Florida Vexatious Litigant Law.
68.097 - Authority and Duties of the Department.
68.103 - Unconstitutionality or Unenforceability of Fund Limitations.