The Florida Bar
PROFESSIONAL ETHICS OF THE FLORIDA BAR
June 7, 1968
June 7, 1968
An attorney representing a creditor may not send a debtor a form styled “Final Notice Before Action” because the form clearly is designed to mislead parties not represented by counsel.
Opinion: ABA 178
Chairman MacDonald stated the opinion of the committee:
A member of The Florida Bar inquires as to whether he may properly use a form entitled “Final Notice Before Action,” a copy of which is attached to this opinion. We think that the use of this form is violative of Canon 9 because it is manifestly designed to mislead parties not represented by counsel. See also Opinion 178 of the American Bar Association Committee on Professional Ethics.
FINAL NOTICE BEFORE ACTION
To the above Debtor:
You are hereby notified that the above named creditor claims an unpaid indebtedness against you in the amount of __________ dollars ($__________). Furthermore, the same is past due and that legal demand has been made upon you for payment according to the terms of your note dated __________ in favor of ___________ and now legally owned and held by above creditor, who is located at _______________, City of ____________, State of ___________.
You are further notified that in the event that you do not make full and complete settlement of said claim or provision for adjustment thereof on or before the _______ day of _______ A.D., 19___, at ____A.M. o'clock of said day, that suit will be brought without further notice for the entire amount specified above together with all costs and attorney fees or other expense of said action as provided by the terms of your note.
THIS IS A LEGAL TEN DAY NOTICE
Dated this _____ day of _______, in the Year of Our Lord, One Thousand Nine Hundred and _______.
AFFIDAVIT ON ABOVE CLAIM
_______________, being first duly sworn, states that he is the Creditor mentioned in above notice and that there is due him from above mentioned debtor the sum of $____________.
Subscribed and sworn to before me this
______ day of _________, 19___