Reminder fees: what of it is allowed?
A letter costs around one euro – not 7.50. The checker recalculates what a creditor may charge for reminders and drafts the rejection of everything above that.
Frequently asked questions
May a creditor charge fees for the first reminder?
Usually not. The first reminder after the due date is what puts you in default in the first place (Section 286(1) BGB) – its costs arise before the default and are not damage caused by default. It is different only if you were already in default beforehand: with a fixed payment date in the contract or 30 days after an invoice that points out this consequence (Section 286(2) and (3) BGB).
How high may reminder fees be?
As high as the actual damage: postage, paper, printing – typically around one euro. Staff, software, administration may not be passed on. The Federal Court of Justice declared a flat rate of 2.50 euros towards consumers invalid because the real costs were 0.76 euros (26 June 2019, VIII ZR 95/18). Flat rates of 5, 7.50 or 10 euros are not sustainable towards consumers.
And the 40-euro flat rate?
It applies exclusively when the debtor is not a consumer (Section 288(5) BGB) – that is, between businesses. If it appears in a reminder to you as a private individual, it is inadmissible. The same applies to “processing fees”, “account keeping fees” or “address tracing” without evidence.
How high may default interest be?
Five percentage points above the Bundesbank base rate (Section 288(1) BGB); the base rate is set on 1 January and 1 July. A higher rate is permissible only if agreed in the contract or proven as specific damage – for example because the creditor itself had to take out a more expensive loan.
What do I do with excessive fees?
Pay the principal claim (if it is justified), reject the excessive ancillary costs in writing – with the text from the checker. Many creditors then quietly drop the items. If they stay firm, the creditor has to sue for the costs and prove them; nobody does that for one euro in dispute.