A Debt Letter of Demand is a critical document in the German debt collection process, serving as a formal written notification to a debtor regarding outstanding payment obligations. This document is typically used when previous informal attempts to collect payment have been unsuccessful, and before initiating legal proceedings. The letter must comply with German legal requirements, particularly those outlined in the Bürgerliches Gesetzbuch (BGB) and Zivilprozessordnung (ZPO). It includes essential elements such as precise debt details, payment instructions, and a reasonable deadline for payment (typically 14 days under German practice). The document should be drafted carefully as it may later serve as evidence in court proceedings and affects the creditor's right to claim default interest and legal costs.
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1. Sender Details: Full legal name and address of the creditor or their representative
2. Recipient Details: Full legal name and address of the debtor
3. Date: Current date of the demand letter
4. Reference Line: Clear subject line identifying this as a formal demand for payment (Zahlungsaufforderung)
5. Debt Details: Precise amount owed, origin of the debt, and date when it was incurred
6. Legal Basis: Reference to the underlying contract or legal basis for the debt
7. Payment Instructions: Bank account details and payment reference information
8. Payment Deadline: Clear statement of the deadline for payment (typically 14 days under German law)
9. Consequences of Non-Payment: Statement of legal actions that will be taken if payment is not received by the deadline
1. Interest Calculation: Detailed breakdown of interest charges, used when claiming default interest
2. Previous Communications: Reference to previous payment requests or relevant correspondence, included when there has been prior communication
3. Installment Option: Proposed payment plan terms, included when the creditor is willing to accept installment payments
4. Power of Attorney Reference: Required when the letter is sent by a legal representative rather than the original creditor
5. Dispute Resolution: Information about dispute resolution procedures, included when required by specific industry regulations or good practice
1. Original Invoice: Copy of the original invoice(s) relating to the debt
2. Contract Documentation: Relevant excerpts or complete contract showing the basis of the debt
3. Statement of Account: Detailed breakdown of the debt, including any partial payments made
4. Interest Calculation Sheet: Detailed calculation of interest charges if applicable
5. Previous Correspondence: Copies of relevant previous payment requests or communications
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