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Debt Collection Agency Letter

Debt Collection Agency Letter Template for Germany

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Key Requirements PROMPT example:

Debt Collection Agency Letter

"I need a Debt Collection Agency Letter in German for collecting an overdue software license payment of €50,000 from a corporate client who has missed three previous payment reminders, with a final payment deadline of March 15, 2025."

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Document background
The Debt Collection Agency Letter is a crucial document used in the German debt recovery process when attempting to collect outstanding payments from debtors. It serves as a formal demand for payment and must comply with strict German regulations, including the Rechtsdienstleistungsgesetz (RDG), Bürgerliches Gesetzbuch (BGB), and data protection laws. The letter is typically sent after initial payment reminders have failed and before initiating legal proceedings. It must include specific information such as the debt collector's authorization, detailed breakdown of the debt, payment instructions, and the debtor's rights. The document plays a vital role in the debt collection process by establishing a clear record of the collection attempt while ensuring all actions remain within the bounds of German consumer protection laws.
Suggested Sections

1. Sender Details: Full legal name and address of the debt collection agency, including registration numbers and professional licenses

2. Recipient Details: Debtor's full name and current address

3. Reference Information: File reference number, date, and original creditor's details

4. Subject Line: Clear indication that this is a debt collection notice (Mahnung/Inkassoschreiben)

5. Legal Authorization: Statement confirming the agency's legal authority to collect the debt

6. Debt Details: Precise information about the original debt, including date, amount, and nature of the debt

7. Current Amount Due: Breakdown of current total amount including original debt, interest, and permitted collection fees

8. Payment Instructions: Clear payment deadline and detailed payment methods

9. Legal Consequences: Information about potential legal actions if payment is not made

10. Contact Information: How the debtor can contact the agency to discuss the debt or arrange payment

Optional Sections

1. Previous Communication Reference: Reference to previous attempts to collect the debt, used when there have been prior communications

2. Payment Plan Options: Information about possible installment payments, included when the agency is authorized to offer payment plans

3. Dispute Rights: Information about the debtor's right to dispute the debt, included when required by specific circumstances or not previously provided

4. Hardship Consideration: Information about options in case of financial hardship, included when there are indicators of potential hardship

5. Power of Attorney: Reference to power of attorney from original creditor, included when not previously provided to the debtor

Suggested Schedules

1. Debt Calculation Statement: Detailed breakdown of the debt amount, including principal, interest, and fees

2. Original Invoice Copy: Copy of the original invoice or contract that led to the debt

3. Payment History: Statement showing previous payments and remaining balance

4. Authorization Document: Copy of authorization from original creditor to collect the debt

5. Payment Slip: Pre-filled payment slip with all necessary banking details

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Retail

Telecommunications

Utilities

Healthcare

Insurance

E-commerce

Professional Services

Real Estate

Manufacturing

Transportation

Education

Construction

Relevant Teams

Legal

Finance

Accounts Receivable

Credit Control

Collections

Risk Management

Compliance

Customer Service

Operations

Treasury

Relevant Roles

Credit Controller

Accounts Receivable Manager

Collections Specialist

Legal Counsel

Compliance Officer

Finance Manager

Credit Risk Manager

Debt Recovery Officer

Financial Controller

Treasury Manager

Customer Service Manager

Operations Manager

Risk Management Officer

Legal Operations Manager

Industries
Rechtsdienstleistungsgesetz (RDG): Legal Services Act - Regulates who may provide legal services including debt collection activities and sets requirements for debt collection agencies
Bürgerliches Gesetzbuch (BGB): German Civil Code - Contains fundamental provisions on contracts, obligations, and debt relationships
Bundesdatenschutzgesetz (BDSG): Federal Data Protection Act - Governs the handling of personal data, which is crucial for debt collection communications
Gesetz gegen unseriöse Geschäftspraktiken: Law Against Unfair Business Practices - Contains specific provisions for debt collection activities and fee limitations
Einführungsgesetz zum Bürgerlichen Gesetzbuche (EGBGB): Introductory Act to the Civil Code - Contains provisions on form requirements for legal documents
Gewerbeordnung (GewO): German Trade Regulation Act - Contains requirements for operating a debt collection business
Zahlungsverzugsgesetz: Late Payment Act - Regulates late payment fees and interest rates that can be claimed
EU-GDPR (DSGVO in German): General Data Protection Regulation - European-wide regulation on personal data protection that must be considered in all communications containing personal information
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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