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Late Fee Notice Template for Germany

A Late Fee Notice (Mahnung) is a formal document used in German jurisdiction to notify debtors of overdue payments and demand settlement. The document complies with German Civil Code (BGB) requirements, particularly sections 286 and 288 regarding payment defaults and interest calculations. It serves as an official reminder of payment obligations, including the original debt amount, accumulated interest, and potential additional costs. The notice must contain specific legal elements to be enforceable under German law and is often a prerequisite for further legal action in debt collection proceedings.

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What is a Late Fee Notice?

The Late Fee Notice is a critical document in German business operations, serving as a formal reminder for overdue payments and a prerequisite for legal enforcement of debt collection. It is typically issued when a payment becomes overdue according to the original payment terms or after a reasonable period following the invoice date. The notice must comply with German Civil Code (BGB) requirements, particularly regarding default interest calculations and formal notice requirements. It should include specific details about the original debt, calculation of late fees according to BGB § 288, and clear payment instructions. The Late Fee Notice is especially important in German jurisdiction as it establishes the debtor's default status (Verzug) and is often required before pursuing further legal action or engaging collection agencies.

What sections should be included in a Late Fee Notice?

1. Sender Details: Full legal name and address of the creditor company/individual

2. Recipient Details: Full legal name and address of the debtor

3. Date and Reference: Current date and relevant reference numbers (invoice numbers, customer ID, etc.)

4. Subject Line: Clear indication that this is a late payment notice (Zahlungserinnerung/Mahnung)

5. Original Debt Details: Information about the original invoice, amount, and due date

6. Late Payment Calculation: Calculation of the late payment interest according to BGB § 288

7. Total Amount Due: Clear statement of the total amount now due, including original debt and late fees

8. Payment Instructions: Bank details and deadline for payment

9. Legal Consequences: Statement of potential legal actions if payment is not received

What sections are optional to include in a Late Fee Notice?

1. Previous Communications: Reference to any previous payment reminders or communications - include if this isn't the first notice

2. Collection Costs: Details of additional collection costs being charged - relevant for B2B cases under EU Directive 2011/7/EU

3. Payment Plan Option: Offer of payment plan or installment options - include for customer relationship management purposes

4. Business Relationship Statement: Statement about maintaining business relationships - include for valuable B2B relationships

5. Power of Attorney Reference: If the notice is sent by a legal representative, include reference to power of attorney

What schedules should be included in a Late Fee Notice?

1. Original Invoice Copy: Copy of the unpaid invoice(s)

2. Payment History: Statement showing payment history and outstanding amounts

3. Interest Calculation Sheet: Detailed calculation of late payment interest

4. Delivery Confirmation: Proof of delivery of goods/services if relevant to the debt

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Notice of Rent Due

Cost

Free to use

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