CLIFFORD FOX, APPELLANT,

v.

BARNETT RECOVERY CORPORATION, ETC. ET AL., APPELLEES

[*1158] PER CURIAM.

Appellee collection agency sued appellant debtor on a promissory note which provided that the maker (debtor) was liable for a reasonable attorney’s fee if the note was placed with an attorney for collection. Appellant debtor filed a “class action” counterclaim alleging that a collection letter sent by appellee collection agency to appellant debtor contained a threat within the meaning of the Florida Consumer Collection Practices Act, section 559.72(9), Florida Statutes.1 The trial court dismissed the counterclaim on the basis that it failed to state a cause of action as a matter of law. Appellant debtor appeals and argues that the collection letter contained a threat because in the letter the appellee collection agency threatened to “assess” an attorney’s fee in the specified amount of $350 if the debtor did not settle the claim with the collection agency.

We agree with the trial judge that the counterclaim does not state a cause of action because, as a matter of law, the collection letter, the relevant part of which is set forth below,2 does not constitute a wrongful threat within the meaning of section 559.72(9), Florida Statutes.

AFFIRMED.

COBB, COWART and DANIEL, JJ., concur. . Section 559.72(9), Florida Statutes, provides that in the collection of consumer claims, no person shall "claim, attempt, or threaten to enforce a consumer claim when such person knows that the claim is not legitimate or some other legal right when such person knows that the right does not exist; ...”

. The letter reads in relevant part:

I have tried to contact you numerous times by phone and by mail concerning your balance of $4,652.00 with Barnett Bank.

By not contacting me I will have to assume you do not want to make arrangements to take care of this account. I will then have no choice but to send this to our attorney and this action will increase your balance to $5,002.00 plus court costs and interest.