Formulations in debt collection letters – permitted or not permitted?
You can find out which formulations are allowed in debt collection letters and which are not here:
1. Announce legal action and increase collection costs
Allowed: Debt collection letters can contain announcements of legal action, such as filing a lawsuit or initiating a dunning procedure. In principle, this is also permissible, as is the point that the costs can increase further if payment is not made. However, according to consumer advice centers, it must be made clear that this only applies to you if you do not pay the bills even though you should have done so. The original invoice amount and also the collection costs must therefore be justified.
Tip: You should always check the amount of collection costs. The debt collection check will help you here.
A notice: The Federal Court of Justice has already dealt with this problem several times. This is also the case in his judgment of March 22, 2018 (file number: I ZR 25/17). The wording used in the debt collection letter, which requests payment, was considered permissible. It was assumed that the letter was intended to increase pressure on consumers.
However, neither the reference to the imminent initiation of legal action nor the reference to possible enforcement measures is misinformation. Rather, this corresponds to the legal possibilities.
However, if there is no concrete information about the legal options you can use to prevent the announced measures from occurring or if the letter suggests that a defense is hopeless, this can lead to a different result. However, the BGH does not comment further on this.
Danger: If the claim is unjustified, for example because you have not concluded a contract or have revoked it, the debt collection claim is also unjustified. Then you don't have to pay.
Nevertheless, you should object to the unjustified claim. The sample letter will help you with this.
2. Announcement of bailiffs, enforcement, wage garnishment & arrest warrant
Allowed: Debt collection letters can also contain announcements of further legal action. This means something like:
- Visit of a bailiff,
- the compulsory enforcement,
- garnishment of wages,
- Account suspension or
- the issuance of an arrest warrant.
These are also fundamentally permissible measures that can be used as part of debt collection.
However, such measures may only be implemented if a so-called legal and enforceable title against you as a debtor. This is the case, for example, if you are asked by a court legally convicted were ordered to pay the claim. According to the consumer advice center, the debt collection letter must inform you about this.
The following formulation is: permitted:
“A lawsuit is expensive. A legally binding debt instrument can be used against you for 30 years for foreclosure, wage garnishment and affidavit filing.”
A notice: In its judgment of March 22, 20218, the Federal Court of Justice not only commented on the announcement of a dunning and legal action procedure, but also on the announcement of enforcement measures. The court also considers the announcement of such measures to be permissible.
In this case, too, it remains unclear whether a different assessment is possible if there is no concrete information about the legal options debtors can use to prevent the announced measure from occurring. Or if the letter suggests that a defense is hopeless.
3. Schufa entry announcement
Allowed: Debt collection letters may announce that Schufa or another credit agency will be informed if payment is not made on time. However, the announcement is only permissible if the claim actually exists and you have not taken any action, i.e. have not defended yourself.
Not allowed: Debt collection companies, on the other hand, are not allowed to write
“Ensure timely payment, um […[ Auswirkungen auf Ihre Kreditwürdigkeit zu vermeiden.“
Sie können in diesem Fall nicht erkennen, dass nur unbestrittene Forderungen eingetragen werden dürfen. Eine solche Formulierung ist daher unsachlich und unangemessen.
Hinweis: Kam es zu einem fehlerhaften Eintrag in eine Auskunftei, haben Sie das Recht, den Eintrag löschen zu lassen. Hier finden Sie den passenden Musterbrief dazu.
4. Ankündigung Hausbesuch
Erlaubt: Wird Ihnen vom Inkassobüro vorgeschlagen einen persönlichen Termin bei Ihnen daheim zu vereinbaren, ist dies erlaubt.
Nicht erlaubt: Inkassounternehmen dürfen dagegen nicht pauschal ankündigen, dass Sie mit einem Hausbesuch durch einen Inkasso-Mitarbeiter rechnen müssen. Entsprechende Formulierungen sind unzulässig.
Beispiel für eine unerlaubte Formulierung:
„[…] a personal visit from a team of employees specializing in debt collection in the evening hours within the next month […]”
If a debt collector shows up at your door unannounced, you don't have to let them in. Ask him to leave. Don't let yourself be put under pressure here either. If you feel threatened by a debt collector, call the police.
Debt collection employees are also not allowed to force their way into your home. If the debt collection letter threatens you with forcing the door open, do not let this impress you.
5. Short payment terms
Allowed: The statement that the collection costs will increase if you do not pay is permissible in itself. However, you should be given a reasonable amount of time – longer than 7 days – to pay.
Not allowed: Don't let short payment deadlines or visual highlights such as bolding, underlining, etc. unsettle you.
Example of wording in a debt collection letter:
“You can only avoid these measures by immediately paying the amount of […] pay.”
