The Debt Recovery Letter serves as a crucial tool in the German debt collection process, typically used when previous informal payment requests have been unsuccessful. This document must comply with strict German legal requirements, including those set forth in the BGB (German Civil Code) and the Rechtsdienstleistungsgesetz (Legal Services Act). It represents a formal demand for payment and often serves as a prerequisite for further legal action. The letter must include specific details about the debt, calculation of interest (if applicable), payment deadline, and consequences of non-payment. It's particularly important to consider whether the debtor is a consumer or business entity, as this affects the required content and tone of the letter under German law.
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1. Sender Details: Full legal name and address of the creditor or collecting entity
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 indication that this is a payment reminder/debt collection notice (Zahlungserinnerung/Mahnung)
5. Debt Details: Specific amount owed, original invoice details, and date the payment became due
6. Legal Basis: Reference to the underlying contract or basis for the debt claim
7. Payment Instructions: Bank details, payment deadline, and acceptable payment methods
8. Consequences of Non-Payment: Information about legal actions that may follow if payment is not received
9. Signature: Signature of authorized representative with name and position
1. Interest Calculation: Include when charging statutory interest on the outstanding amount
2. Previous Communications: Reference to prior reminders when this is not the first notice
3. Collection Costs: Details of additional costs being charged for the collection process, if applicable
4. Settlement Offer: Optional payment arrangements or settlement proposals
5. Consumer Rights Notice: Required when the debtor is a consumer (Verbraucher)
6. Dispute Resolution: Information about how to dispute the claim, particularly important for consumer debtors
1. Original Invoice: Copy of the original invoice(s) relating to the debt
2. Contract Documentation: Relevant excerpts from the underlying contract or agreement
3. Payment History: Record of any partial payments made and remaining balance
4. Previous Correspondence: Copies of previous payment reminders or relevant communication
5. Interest Calculation Sheet: Detailed breakdown of interest calculations if charging statutory interest
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