Helpful advice when asserting a claim
The following advice may help you in successfully asserting a claim for payment:
a customer’s default of payment the following points should be kept in mind:
|Terms and deadlines|
following deadlines are usually used in reminder notices and dunning
In a strict legal sense, it is not necessary to send more than one reminder following the expiration of the payment deadline. Please ensure that the debtor received the first reminder if you wish to omit sending a second or third reminder. This is possible by delivering the reminder in person, or delivery in person through a third party, a confirmation of the bill by the debtor or by using certified mail delivery. Otherwise it is possible that the defaulting customer claims that he or she never received the reminder (e.g. “it was lost in the mail”)
Always include a specific payment due date in your invoices (e.g. ”Payable by June 14, 2005 at the latest”). By doing this, the customer automatically is in default of payment starting June 15th.
If there is no date specifically provided on the invoice (e.g. "Payable within 14 days”) it is necessary to request payment using a reminder in order to ensure that the customer is in default of payment. Also include a concrete payment deadline on your dunning letters.
|Dunning charges and default interest|
You are not permitted to charge for your first reminder note and first dunning letter. It is only possible to charge for the second reminder onwards and charges may not be more than € 2.50 per reminder.
Default interest in the case of default of payment can be negotiated (without limits) at the conclusion of a contract and can be agreed by contract.
If you wish to claim higher default interests with court orders, you must provide evidence that you were (because of the debtor’s outstanding payment ) unable to take out a loan during the default of payment, and this is why interest must set higher.
Information on maturity and default
All information is presented to the best of our knowledge. We assume no responsibility for its correctness.