The Overdue Payment Letter is a crucial document in German business practice, used when payment obligations remain unfulfilled after their due date. It serves as a formal reminder and demand for payment, incorporating specific requirements under the German Civil Code (BGB). This document is typically issued after informal reminders have been unsuccessful and before initiating legal proceedings. It must include precise details about the outstanding amount, original due date, and applicable default interest rates as per §§286 and 288 BGB. The letter establishes the legal status of default (Verzug) and is often a prerequisite for further legal action. It's designed to balance the need for effective debt collection with maintaining professional business relationships, while ensuring compliance with German legal requirements for payment demands.
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1. Sender Details: Full legal name, address, and contact information of the creditor
2. Recipient Details: Full legal name and address of the debtor
3. Date: Current date of the letter
4. Subject Line: Clear indication that this is an overdue payment notice (Zahlungserinnerung/Mahnung)
5. Outstanding Amount: Clear statement of the total amount due, including the original amount and any accrued interest or fees
6. Payment Details: Original invoice details, due date, and length of delay
7. Legal Basis: Reference to relevant contract or legal basis for the debt
8. Payment Instructions: Bank account details and deadline for payment
9. Consequences: Statement of legal consequences if payment is not received by the specified deadline
1. Previous Communications: Reference to previous payment requests or communications - include if there have been prior reminders
2. Interest Calculation: Detailed breakdown of how default interest has been calculated - include if charging interest
3. Payment Plan Option: Offer of installment payments or alternative payment arrangements - include if willing to negotiate terms
4. Legal Action Warning: Specific warning about impending legal action - include if this is a final notice before legal proceedings
5. Collection Costs: Statement about additional costs that may be incurred through collection proceedings - include if relevant under the circumstances
1. Invoice Details Schedule: Detailed list of all unpaid invoices with their respective numbers, dates, and amounts
2. Interest Calculation Schedule: Detailed breakdown of interest calculations showing base amounts, rates, and periods
3. Payment History Schedule: Record of any partial payments made and remaining balance calculations
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