A dunning notice (Mahnung) in everyday business is a written reminder from the creditor to the debtor that a due payment is still outstanding. It serves to remind the debtor to fulfil their obligation and, if necessary, to bring about the commencement of default in payment under Section 286 of the German Civil Code (BGB). For freelancers and small businesses, the dunning notice is a central tool in receivables management and accounting.

Under German law, Section 286 BGB governs default on payment. A dunning notice is generally required for the debtor to fall into default, unless there is a calendar-determined payment date or a reminder is dispensable for special reasons. Default interest and compensation for damages caused by default are provided for in Section 288 BGB.

For further proceedings on unpaid claims, the judicial dunning procedure under the German Code of Civil Procedure (ZPO) is intended (e.g., payment order / Mahnbescheid, Section 688 et seq. ZPO). Also observe commercial and tax law obligations: retention requirements under the German Commercial Code (HGB) and the Fiscal Code (AO) as well as VAT issues under the Value Added Tax Act (UStG).

Practical steps in receivables management

A structured approach reduces losses and effort. Recommended stages:

Practical tip: Document every dunning notice (date, content, method of dispatch). This is important for evidentiary purposes and for accounting follow-up.

Accounting treatment and examples

Dunning-related items (dunning fees, default interest) must be recorded correctly in the accounts. Two categories should be distinguished:

Default interest

Default interest is a creditor’s claim under Section 288 BGB. In bookkeeping it is usually recorded as interest income or other operating income. The VAT treatment may vary; check the classification with your tax advisor.

Dunning fees

Small flat-rate amounts for dunning expenses can be recognised as other receivables. Whether dunning fees are subject to VAT depends on their legal classification; a case-by-case review is therefore necessary.

Example posting (simplified):

Transaction Debit Credit
Original invoice (net €1,000 / VAT 19%) Receivables €1,190 Sales revenue €1,000
VAT €190
Dunning fee (e.g., €5.00) – accounting entry Receivables €5.00 Other income / Interest income €5.00
Default interest (e.g., €10.00) Receivables €10.00 Interest income €10.00

Wording, deadlines and common mistakes

A dunning notice should be clear, factual and legally compliant. Important contents:

Avoid typical mistakes:

Practical tip: Set up standardized dunning letters and schedules in your accounting or ERP system. This saves time and increases the success rate in collecting receivables.

Further action in case of continued unwillingness to pay

If no payment is received despite reminders, consider the following steps:

  1. Telephone call with the customer to clarify disputes.
  2. Final reminder with a deadline and threat of the dunning procedure.
  3. Initiate the judicial dunning procedure (payment order / Mahnbescheid).
  4. If a title is obtained: enforce through distraint (Zwangsvollstreckung) or instruct a debt collection agency.

If you are unsure about legal or VAT-related questions concerning dunning fees and default interest, consult a tax advisor or lawyer. Careful documentation and timely dunning practices are crucial in accounting to enforce receivables and avoid tax risks.

Promo

Create legally compliant e-invoices in just a few minutes with BillingEngine. Try now.

Glossary Questions
What is a dunning notice?

A dunning notice is the creditor's formal request to the debtor to make a due payment; it serves to set a deadline and to point out possible legal consequences such as default interest and dunning fees.

When does a debtor fall into default?

A debtor falls into default if they do not pay despite the debt being due and after a reminder (dunning notice) from the creditor (§ 286 BGB); without a reminder, default occurs, for example, where a fixed date has been agreed or 30 days after the due date and receipt of the invoice for business customers, unless otherwise agreed.

Is the creditor allowed to charge dunning fees or default interest?

Yes. You can charge default interest pursuant to § 288 BGB (base rate + 5 percentage points for consumers, + 9 percentage points for business customers). In addition, under § 288 paragraph 5 BGB you are entitled to a flat-rate payment of €40 as compensation for collection costs; further costs are only reimbursable if proven.

How many reminders should I send before initiating the court dunning procedure?

There is no legally prescribed minimum; in practice 1–3 reminders are common, after which you can apply for a payment order (Mahnbescheid) in the court dunning procedure to quickly obtain an enforceable title.

History
Publication date:
11/14/2025
Modification date:
11/15/2025
Start now

Ready to simplify your accounting?

With just a few clicks, you can send your first legally compliant e-invoice.

Instant access
with 1 click
or Sign up For intensive
testing
Feedback

JavaScript should be activated for optimal use of BillingEngine.