Warnings – The Instrument In The Collection

Communication with debtors is more important than ever while not a legal relationship as E.g. a contract normally to letters of formal notice, because both parties comply with their contractual obligations. A party does not meet the contractual obligations, by she didn’t pay such as the Bill, is a contract problem. A reminder takes over the task to inform debtors on their payment obligation. This is done in practice usually as a first step by means of a so-called payment reminder. A reminder is a unilateral request of the creditor, which will be sent to debtors, warning recipients. A reminder obtained after the due date of an invoice, that debtor appears legally in default if the reminder is not expendable.

To reduce the number of letters of formal notice, companies in cooperation with collection agency took pro-active steps such as for example the use of debit or a previous credit check often. Companies send itself often only one or two letters of formal notice and then type the Editing a debt collection company as the General accounts receivable and collection GmbH (ADU collection), that further professional care in the recovery of the debts in the pre-trial and in the debt collection proceedings. 286 paragraph 2 four cases are defined in no. 1 to 4 German civil code (BGB), where a warning is unnecessary and the debtor without they fall into arrears. 1 reminders are expendable for the creditors, if a specific calendar date for the payment is stated in the invoice. It is contractually fixed and up to this date, debtors have provide their service. Purchase contracts defines the due date, for example with the following sentence: the purchase price is payable up to May 31, 2010. 2. the Expendability of the reminder occurs when a payment deadline is agreed in the Bill whereby the payment date on the basis of the calendar can be calculated.