Germany: unpaid invoice, reminders and collection
From checking the invoice through reminders and interest to the order for payment and limitation: the steps and the deadlines that count.
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Time: reminder right after the due date, order for payment before limitation ends
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Check
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Receipt of the invoice counts for the 30-day period: keep the proof (§ 286 para. 3 BGB).
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If a date is fixed by the calendar, no reminder is needed (§ 286 para. 2 no. 1 BGB).
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Against consumers the 30-day rule applies only if the invoice points it out; the €40 flat fee exists only against non-consumers (§ 286 para. 3, § 288 para. 5 BGB).
Reminders
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If the debtor does not pay after a reminder following the due date, they fall into default (§ 286 para. 1 BGB).
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Keep a copy and proof of delivery.
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With the late-payment interest calculator: base rate plus 5 or 9 points, plus a €40 flat fee against non-consumers (§ 288 BGB).
Order for payment
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For a specific sum of money in euros (§ 688 ZPO), for example online at Online-Mahnantrag.de, an application of the German dunning courts.
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The court does not examine the claim (§ 692 para. 1 nos. 2 and 3 ZPO). If they object, the matter goes to the court for contested proceedings.
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Only after the objection period (§ 699 ZPO); otherwise the effect of the order for payment lapses (§ 701 ZPO).
Watching deadlines
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An invoice from June 2026 becomes time-barred at the end of December 31, 2029 (§ 195 and § 199 para. 1 BGB).
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Limitation is suspended by a lawsuit and service of the order for payment; the suspension ends six months after the proceedings (§ 204 BGB).
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Claims finally established by a court and claims from enforceable deeds become time-barred only after 30 years (§ 197 para. 1 nos. 3 and 4 BGB).
Claim enforced
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Good to know
- Interest and the flat fee only exist in default: so remind in good time, and write so that you can prove receipt.
- The €40 flat fee is credited against later compensation for the costs of pursuing the claim (§ 288 para. 5 BGB).
- The order for payment is not a judgment: the court does not check whether the claim exists, and if the debtor objects, normal proceedings follow.
- The notes are general; what counts are the dunning court and your legal advice in the individual case.
Frequently asked questions
When may I demand default interest?
From default: after a reminder following the due date, without a reminder if a date is fixed by the calendar, and at the latest 30 days after the due date and receipt of the invoice (§ 286 BGB).
How high is default interest?
The Bundesbank base rate (1.52% since July 1, 2026) plus five percentage points, for claims for payment between businesses plus nine (§ 288 BGB).
What is an order for payment (Mahnbescheid)?
A court order on application for a specific sum of money; the debtor has two weeks to pay or object (§ 688 and § 692 ZPO).
How long do I have for the enforcement order?
Six months from service of the order for payment; after that its effect lapses (§ 701 ZPO).
When does a claim become time-barred?
After three years, counted from the end of the year in which it arose and you knew of the debtor (§ 195, § 199 BGB).
Next step
I’m not an accountant or a financial advisor. This is an estimate, for information only. Check with a professional before you decide.
- The calculatorGermany late-payment interest (Verzugszinsen) calculator
- The guideGermany: late-payment interest, reminders and limitation explained
- The checklistGermany: becoming self-employed, registration, taxes, invoices
Sources
- § 286 BGB — Default of the debtor (in German)
- § 288 BGB — Default interest and damage from default (in German)
- § 195 BGB — Regular limitation period (in German)
- § 204 BGB — Suspension of limitation by legal action (in German)
- § 197 BGB — Thirty-year limitation period (in German)
- § 688 ZPO — Admissibility of the dunning procedure (in German)
- § 699 ZPO — Enforcement order (in German)
- Online-Mahnantrag.de — an application of the German dunning courts (in German)
For high claims, disputed invoices or the debtor’s insolvency, a lawyer can help.