Ethics Opinion

Opinion 68-26

FLORIDA BAR ETHICS OPINION
OPINION 68-26
June 7, 1968
Advisory ethics opinions are not binding.
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.
Canon:
Opinion:

9
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
________________Creditor
versus
________________Debtor
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
_______.
________________________________

Attorney
AFFIDAVIT ON ABOVE CLAIM
STATE OF________________
COUNTY OF_______________
CITY OF_________________
_______________, 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 $____________.
__________________________(SEAL)
Subscribed and sworn to before me this
______ day of _________, 19___
______________________________
Notary Public