Skip to main content

Consumers · Claim default interest

Calculate & claim default interest (Verzugszinsen) — § 288 BGB

Invoice overdue? No lawyer needed: we calculate default interest to the day and draft the payment reminder with all consequences of default.

No credit card · 10 credits free · Cancel anytime

Quick check: what should you do?

3 short questions — no sign-up required.

Was the invoice issued more than 30 days ago?
Is the debtor a business (not a consumer)?
Is the claim above €2,500?
Did the claim arise three calendar years ago or earlier (limitation at the end of the year is imminent or has already occurred, §§ 195, 199 BGB)?

Deadline at a glance

Limitation at the end of the year

§ 195 BGB (3 Jahre)

Claims are generally time-barred after 3 years, calculated from the end of the year in which they arose (§§ 195, 199 BGB). A payment reminder does NOT suspend limitation — that requires a court payment order (Mahnbescheid), an action or an acknowledgment.

It is an AI, not a person: nobody looks at your individual case, and we do not know who signs up or for what reason. That is why we give pointers, but no legal advice on the individual case. Guidelines and playbooks in the platform are only guardrails: the AI relies on the available sources and your information. AI can make mistakes — check important results, and if in doubt, ask a lawyer.

Typical risks in this scenario

What we pay special attention to

Curated from real cases. The AI review flags exactly these points in your document.

  • The 30-day period applies to consumers only if the invoice points this out (§ 286 Abs. 3 S. 1 BGB).

  • A reminder is NOT a prerequisite for default if the payment date is fixed by the calendar (§ 286 Abs. 2 Nr. 1 BGB).

  • The base interest rate changes every six months (1 January / 1 July) — incorrect calculations lead to the claim being rejected.

  • The €40 flat fee applies only in B2B (§ 288 Abs. 5 BGB) — it is credited against legal fees.

  • Reminder costs are recoverable only to the extent actually incurred (postage, material — no flat "reminder fee of €10").

  • Part payments must be allocated correctly under §§ 366, 367 BGB (first costs, then interest, then the principal claim).

  • The claim becomes time-barred after 3 years (§ 195 BGB) — a reminder alone does not suspend limitation.

  • Standard-term clauses on "flat reminder fees" are often invalid under §§ 307, 309 Nr. 5 BGB.

What you can do here in 5 minutes

Default in payment occurs automatically — 30 days after the invoice for consumers (§ 286 Abs. 3 BGB) or immediately where the time for performance is fixed by the calendar. Default triggers statutory default interest: 5 percentage points above the base rate (§ 288 Abs. 1 BGB) for consumers, 9 percentage points above the base rate + a €40 lump sum (§ 288 Abs. 2, Abs. 5 BGB) in B2B transactions. We do the calculation and you have the payment reminder in 2 minutes.

Enter the invoice details (amount, date, consumer/business) — we calculate default interest to the day against the base rate of the Deutsche Bundesbank applicable at the time, add the €40 lump sum (B2B) and deliver a payment reminder with all consequences of default.

How it works

Results in three steps

1

Enter the invoice details

Amount, invoice date, due date and whether the debtor is a consumer or a business. Optional: partial payments made so far.

2

Calculation to the day

Default interest at the Bundesbank base rate, B2B lump sum, reminder costs — per day, per interest period. Fully traceable for court payment order proceedings.

3

Generate the payment reminder

A letter with a breakdown, notice of default, a deadline and next steps (court payment order proceedings). Ready to print.

What you get
  • Enter the invoice details – Amount, invoice date, due date and whether the debtor is a consumer or a business. Optional: partial payments made so far.
  • Calculation to the day – Default interest at the Bundesbank base rate, B2B lump sum, reminder costs — per day, per interest period. Fully traceable for court payment order proceedings.
  • Generate the payment reminder – A letter with a breakdown, notice of default, a deadline and next steps (court payment order proceedings). Ready to print.
What it is not
  • No court payment order proceedings on your behalf — but we provide the content for the online application.
  • No enforcement (seizure, statement of assets).
  • No credit checks / debt collection activity.

FAQ

Common questions about this case

Transparency

What the AI checks — and what only a lawyer can decide

An AI is only as good as the question. We show openly where your answer is reliable and where you should speak with a lawyer.

For claims of €5,000 or more, foreign debtors, suspected consumer insolvency or if court action is imminent (representation by a lawyer is mandatory before the regional court above €5,000): a specialist lawyer for commercial or insolvency law.

Lex & Lexi

You ask. Lex or Lexi shows what Smart Legal Pro can do.

Product guidance right on the page — features, pricing and the best way to start.

Start free
No credit card
Get started