The Letter of Collection (Mahnschreiben) is a critical document in German business operations, used when a payment obligation remains unfulfilled after its due date. This formal notice is typically issued after informal payment reminders have been unsuccessful and serves as a prerequisite for further legal action under German law. The document must include specific components required by German legislation, such as clear identification of the parties, precise debt specifications, payment deadline, and potential consequences of non-payment. It's particularly important as it formally establishes default (Verzug) if not already in place, which allows the creditor to claim default interest and potentially pursue legal enforcement. The letter needs to comply with various German regulations, including the Civil Code (BGB), debt collection laws, and consumer protection requirements when applicable.
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1. Sender Details: Full legal name and address of the creditor or collection agency
2. Recipient Details: Full name and address of the debtor
3. Date and Reference: Current date and any relevant reference numbers
4. Subject Line: Clear identification as a collection letter (Mahnschreiben)
5. Debt Specification: Precise details of the outstanding amount, original invoice number, and date of service/delivery
6. Payment History: Overview of any partial payments made and remaining balance
7. Legal Basis: Reference to the underlying contract or legal basis for the claim
8. Payment Instructions: Clear payment deadline, bank details, and reference information for the transfer
9. Default Notice: Formal notice of default (Verzug) if not already established
10. Consequences: Information about potential legal actions if payment is not received
1. Interest Calculation: Detailed breakdown of applied interest charges when charging default interest
2. Previous Communications: Reference to prior payment reminders when multiple notices have been sent
3. Settlement Offer: Optional payment arrangement or settlement proposal for debtors facing hardship
4. Power of Attorney: When the letter is sent by a representative, proof of authorization to act
5. Dispute Resolution: Information about dispute resolution options when required by industry regulations
1. Original Invoice: Copy of the original invoice establishing the debt
2. Payment History Statement: Detailed statement showing all transactions and remaining balance
3. Contract Documentation: Relevant pages from the underlying contract establishing the obligation
4. Interest Calculation Sheet: Detailed breakdown of interest calculations if applicable
5. Previous Correspondence: Copies of previous payment reminders or relevant communication
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Professional Services
Healthcare
Construction
Technology
Financial Services
Telecommunications
Utilities
Education
Real Estate
Wholesale Trade
Transportation and Logistics
Business Services
Relevant Teams
Finance
Legal
Accounts Receivable
Credit Control
Treasury
Risk Management
Compliance
Customer Service
Operations
Administrative Support
Relevant Roles
Credit Controller
Accounts Receivable Manager
Financial Controller
Collections Specialist
Legal Counsel
Finance Director
Credit Manager
Accounts Manager
Debt Recovery Officer
Treasury Manager
Business Owner
Company Secretary
Compliance Officer
Risk Manager
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