Formulating a 2nd reminder - should you consider legally

10-05  Source: Network gathering  Views:5 


Formulating a 2nd reminder - should you consider legally

To formulate a 2nd reminder emphatically. Gerd_Altmann / Pixelio

When is a reminder necessary?

  • A reminder, for which the law does not prescribe any particular form, is the invitation to the debtor to provide the service due. You should submit a reminder to later evidence purposes always in writing and keep a copy. If you remind my email, save your text from with broadcast date.
  • The reminder is basically needed to put the debtor in default, so you can claim compensation for your losses caused by default as interest and collection expenses from that date.
  • However, the law regulates in § 286 BGB numerous exceptional cases where you need to send any warning that the debtor is in default.
  • For example, if an exact date for the payment according to the calendar has been selected the Delay occurs without reminder. Likewise, the reminder is not necessary if the debtor has to pay seriously and finally refused or justify special reasons the immediate occurrence of default.
  • The most common in business case is governed by § 286 I 3 BGB: After the reminder after 30 days of invoicing is superfluous. So if you have sent a proper invoice for your fixed claim, do this move even without a reminder after 30 days in judicial default.

Formulation of a 1st and 2nd reminder

  • Due to the previous legal situation, which still had no 30-day period, many companies have maintained regular intervals of three reminders why some debtors continue to be not serious, the first warning and often a second ignore. Also keep in mind that many customers are just forgetful and you should not encounter the same on the head.
  • If someone has, however, not paid after three weeks a bill, you should submit a first reminder in friendly formulation.
  • If you turn to it for two weeks reported no cash receipt, the 30-day period has expired and you can, if you wish, make the call immediately by judicial process. You probably do give your debtors with a 2nd reminder one last chance to pay because you so perhaps can save the court on costs for an order for payment itself.
  • Look at the wording on it that although you remain objective, but give your demand reprint.
  • The reminder must make clear exactly which requirement is, so you should call the invoice date and the invoice number in the subject and the amount in the text.
  • Insert an exact payment deadline and announce your debtor that you will take legal action after the deadline without prior notice. Also make reference to the previous warning and make clear that you will demand compensation for the additional costs due to the delay.
  • Example: After despite payment reminder from 22/09/2012 I could not tell the receipt on my bill from the 01.09.2012, I put to you now one final payment deadline of 17.10.2012. After fruitless expiration I will do without further notice the requirement in court. The resulting costs you have to bear.
  • If you have sent such a 2nd reminder as the last call, you should also show a consequence, rather than to set up further reminders.

Consider in each individual case, whether you exercise goodwill in view of future customer loyalty and want to send a second or third payment reminder. However, you should have no inhibitions to apply against obvious payment objectors directly Mahnbescheid before wasting precious time with reminders.

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