MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
A good payment reminder is more than politeness — it is your legal preparation for potential collection proceedings. Content: invoice number, outstanding amount, original due date, new payment term, and notification of next steps. Strategy: 1st reminder friendly, 2nd businesslike, 3rd (demand letter) legal. Important: without a written demand, claiming interest and collection costs can be difficult. Below is a step-by-step plan and the appropriate tone.
The short answer
- First reminder: friendly, ~7-14 days after the due date.
- Second reminder: more businesslike, ~7-14 days later.
- Summons (3e): legal, with announcement of measures.
- After that: collection agency or legal proceedings.
- Registered mail: strongly recommended as evidence from the date of the demand.
The correct structure
First reminder (friendly)
Tone: assumption of error.
“Dear [name],
Our records indicate that invoice [number] dated [date] for € [amount] has not yet been paid. Perhaps this has escaped your attention? May we ask you to transfer the amount to [IBAN] within 7 days?
If you have any questions, please contact us.
Kind regards,…”
Second reminder (business)
Tone: businesslike, open to dialogue.
“Dear [name],
On [date] we reminded you of invoice [number] dated [date]. To date, we have not received payment. The outstanding amount is € [amount].
We urgently request that you make payment within 7 days. Should there be a reason why you are unable to pay, we propose to arrange a payment plan in consultation.
In the absence of a response, we will take further action.”
Demand (legal, 3rd letter)
Tone: formal, legal.
“Dear Mr./Ms. [name],
I hereby demand that you transfer the outstanding amount of € [amount] (invoice [number], due date [date]) to IBAN […] within 14 days.
In the event of failure to pay within this period, I reserve the right to take further steps, including engaging a collection agency, legal proceedings, and/or interrupting the statute of limitations.
The extrajudicial collection costs (€ [amount]) and statutory interest (€ [amount]) are due as of today.
Sincerely,…”
What legal additions are needed?
- Invoice number and original date: unambiguous.
- New payment term:typically 14 days from the date of the demand letter.
- Statutory interest: from the date of demand (commercial interest 8% in 2024).
- Extrajudicial collection costs: according to BIK scale (€40 minimum up to 15% of debt).
- Announcement of steps: collection agency, legal proceedings.
BIK scale (Extrajudicial Collection Costs)
Statutory provisions for B2C claims:
- Claim up to € 2,500: € 40 minimum, 15% of principal amount.
- €2,500-€5,000: 10% (with a minimum of €375).
- €5,000-€10,000: 5% (minimum €625).
- € 10.000-€ 200.000: 1%.
For B2B (business): freely contractable, often higher (3-5% of claim or fixed amount).
When to send by registered mail?
Strongly recommended from the date of the formal demand — proof of dispatch and receipt. Costs €8-€12 per letter.
For crucial steps (final demand before proceedings): always by registered mail.
Especially B2B vs. B2C
- B2C (consumer): BIK scale mandatory, lower collection costs.
- B2B (business): freely contractable, higher costs possible, commercial interest due sooner.
For business claims: avoid mentioning the “BIK scale” — the judge may limit it to the consumer level. Use your own contractual agreements.
Honest recommendation
For SMEs: use standardized reminders via accounting software — automatically after X days. For B2C: BIK scale. For B2B: own contractual costs. After the formal demand (3rd letter): immediately forward to a collection agency or lawyer. Waiting too long weakens the position (proof of statute of limitations, debtor leaves). A good dunning strategy = early collection, fewer losses.
For other topics: engaging a collection agency, interruption of the statute of limitations , and writing an invoice.
Frequently Asked Questions
Typically three: first friendly (7-14 days after the due date), second business-like (7-14 days later), legal demand (the last one before the collection agency). After that: collection agency or legal proceedings.
Invoice number and original date, outstanding amount, new payment term (typically 7-14 days), and escalating tone. From the formal demand: statutory interest, collection costs, and notification of further steps.
From the formal demand (3rd letter): registered mail is strongly recommended for proof of dispatch and receipt. Costs €8-€12. For first reminders: email is usually sufficient.
Extrajudicial Collection Costs — legally established for B2C claims. €40 minimum for claims up to €2,500, rising to 1% for €200,000. For B2B, freely contractable.
For B2B: from the due date (no formal notice required). For B2C: from the formal notice. Commercial interest rate 2024: 8%. Mention in the reminder is important for enforceability.
B2B (business): freely contractable for collection costs, commercial interest immediately from the due date, often higher costs possible. B2C (consumer): BIK scale mandatory, restrictive protection rules.
After a formal demand without a response. No longer than 4-6 weeks after the due date — otherwise the debt becomes more difficult to collect. A good collection strategy significantly accelerates cash flow.
