When default occurs
Under section 286 BGB, default generally requires a due claim and receipt of a payment reminder. A reminder may be unnecessary where payment is contractually fixed by calendar date; a date unilaterally printed on an invoice is not automatically enough. The 30-day rule requires payment to be due and the invoice to have been received, and applies to consumers only with a specific notice. Default does not arise where the debtor is not responsible for non-payment.
Friendly reminder or formal payment reminder?
| Stage | Tone | Content | Deadline |
|---|---|---|---|
| Friendly reminder | friendly | note of the outstanding invoice | 7–10 days |
| 1st formal reminder | factual, firm | state default, set a deadline | 7 days |
| Final reminder | firm | announcement of further steps | 5–7 days |
Details that need to be included
- Invoice number, invoice date and outstanding amount.
- The original payment deadline and a note that it has expired.
- A concrete new deadline with a calendar date, not "immediately".
- Full bank details, including a payment reference.
- Where default applies: a note on default interest and any reminder fees.
Sample text for the first formal reminder
Subject: Payment reminder regarding invoice 2026-0412 of 3 July 2026
Dear Ms Berger,
our invoice 2026-0412 for €480.00 was due for payment on 17 July 2026. To date, no payment has been received.
We therefore ask you to transfer the outstanding amount to the account stated below by 28 August 2026. Should your payment have crossed with this letter, please disregard it.
Yours faithfully
Why a letter has more impact here than an email
A letter can be useful for a clearly attributed written payment request. A reminder can generally also be sent by email. If receipt is disputed, additional evidence may matter; registered mail does not automatically prove the letter’s contents. Our registered mail comparison explains the limits.
After the final reminder
- Initiate formal court dunning proceedings (gerichtliches Mahnverfahren) via the competent dunning court.
- Alternatively, instruct a debt collection agency or have a lawyer send a formal reminder.
- Keep the limitation period in mind — usually three years, running to the end of the year.
You can insert the finished reminder text straight into the editor and send it as a printed letter for €2.99.
How many reminders are required?
German law does not require a fixed sequence of first, second and third reminders. What matters is whether payment is due and the conditions for default are met. The deadlines in the table are practical examples, not statutory minimum periods. Identify the due claim clearly and unambiguously request payment.
Can I add a flat reminder fee?
Do not automatically add an arbitrary charge. Recoverable costs depend on factors including existing default and necessary actual expenditure. Your own staff time is generally not a flat recoverable reminder cost. The €40 payment-default lump sum under section 288(5) BGB does not apply against consumers.
What if the customer disputes the invoice?
Check the contract, proof of performance, payments and objections before escalating. A court payment order does not determine whether the claim is substantively justified. An objection may lead to contested proceedings; legal advice can help with unclear claims.
Sending the reminder: keep records together
Archive the invoice, contract, reminder and available posting or receipt evidence. An out-of-court reminder alone does not suspend limitation. The regular limitation period is three years; its start and exceptions are governed by section 195 BGB and section 199 BGB. Prepare the letter in the editor and compare delivery evidence options if receipt matters.