Late fee - in Germany?
Thread poster: Inez Ulrich
Inez Ulrich
Inez Ulrich  Identity Verified
Germany
Local time: 14:33
Member (2016)
English to German
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Jun 18, 2021

Hi all,

I know that some of you charge late fees if a client does not pay in a timely way. Here in Germany, I only know collection expenses which are about € 2,- or so, so not a good way to make clients pay faster. I don't know if charging a late fee is actually legal here, so I'd like to know about your experiences. Thank you!


 
Adieu
Adieu  Identity Verified
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IIRC Jun 18, 2021

Wasn't there an EU law for mandatory minimum late fees and % interest on overdue business debt?

I know there was a British version from back in their EU days and I think I heard there was some related EU law


 
Inez Ulrich
Inez Ulrich  Identity Verified
Germany
Local time: 14:33
Member (2016)
English to German
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TOPIC STARTER
... Jun 18, 2021

Adieu wrote:

Wasn't there an EU law for mandatory minimum late fees and % interest on overdue business debt?

I know there was a British version from back in their EU days and I think I heard there was some related EU law


I have absolutely no idea. I never came across any late fees my entire life, that is why I am asking.


 
Matthias Brombach
Matthias Brombach  Identity Verified
Germany
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You may apply such a fee ... Jun 18, 2021

... but I'm afraid that your client may feel no obligation to pay it, and then it's up to you to enforce it by civil law measures (because it's not a crime, where you could call the Police for). Therefore you would need (and need to pay by yourself) a solicitor (if we are talking about German clients). Warum postest du deine Frage nicht im deutschen Thread?

[Bearbeitet am 2021-06-18 09:14 GMT]


 
Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
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@Inez Jun 18, 2021

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:mi0074

P.L.F. Persio
 
Inez Ulrich
Inez Ulrich  Identity Verified
Germany
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Thank you! Jun 18, 2021



oh gosh, now I need to do the calculation...." 8 percentage points above the reference rate"...what is that reference rate?

I'm not certain if they will pay at all. It is a publisher who I have some really difficult and labor-intensive editing for a book they plan to publish. Now they are obviously trying to find the fly in the ointment because they have underestimated the expenditure of time. Only they have nobody who can judge this actually, as the topic is complicated and nobody in their stuff knows anything about it. So now they are "assessing" my work and keep quiet about my invoice. Bunch of professionals, for sure. My invoice was due upon receipt, and that was on June 1st. I sent a reminder 3 days ago, they haven't even read my email.


Adieu
 
Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
Portugal
Local time: 13:33
Member (2007)
English to Portuguese
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@Inez Jun 18, 2021

I've found an interest calculator for you:

https://europa.eu/youreurope/business/finance-funding/making-receiving-payments/late-payment/index_en.htm


P.L.F. Persio
 
Inez Ulrich
Inez Ulrich  Identity Verified
Germany
Local time: 14:33
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English to German
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TOPIC STARTER
wow! Jun 18, 2021



You're awesome, Teresa! Thanks really much!


 
Adieu
Adieu  Identity Verified
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Yup Jun 18, 2021

It exists, but collecting small sums on it is a pain.

Organizations that confirm they are aware of this and continue to pay you (or even improve on punctuality after complaints!) tend to still leave you hanging on the late fees.

Their typical and usually-valid assumption is that you won't poison the relationship or bother with the bureaucratic process of collecting late payment penalties.

PS reference rate, iirc, is the central bank interest rate, so near-zero.

Inez Ulrich wrote:



oh gosh, now I need to do the calculation...." 8 percentage points above the reference rate"...what is that reference rate?

I'm not certain if they will pay at all. It is a publisher who I have some really difficult and labor-intensive editing for a book they plan to publish. Now they are obviously trying to find the fly in the ointment because they have underestimated the expenditure of time. Only they have nobody who can judge this actually, as the topic is complicated and nobody in their stuff knows anything about it. So now they are "assessing" my work and keep quiet about my invoice. Bunch of professionals, for sure. My invoice was due upon receipt, and that was on June 1st. I sent a reminder 3 days ago, they haven't even read my email.


 
Inez Ulrich
Inez Ulrich  Identity Verified
Germany
Local time: 14:33
Member (2016)
English to German
+ ...
TOPIC STARTER
... Jun 18, 2021

Adieu wrote:

It exists, but collecting small sums on it is a pain.



well, it's over € 2000 ...


 
Erik Freitag
Erik Freitag  Identity Verified
Germany
Local time: 14:33
Member (2006)
Dutch to German
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Reference rate Jun 18, 2021

Adieu wrote:

PS reference rate, iirc, is the central bank interest rate, so near-zero.



Near-zero, indeed, but actually negative (-0.88%) at the moment.


P.L.F. Persio
 
Inez Ulrich
Inez Ulrich  Identity Verified
Germany
Local time: 14:33
Member (2016)
English to German
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TOPIC STARTER
Correct Jun 18, 2021

Matthias Brombach wrote:

... but I'm afraid that your client may feel no obligation to pay it, and then it's up to you to enforce it by civil law measures (because it's not a crime, where you could call the Police for). Therefore you would need (and need to pay by yourself) a solicitor (if we are talking about German clients). Warum postest du deine Frage nicht im deutschen Thread?

[Bearbeitet am 2021-06-18 09:14 GMT]


Hi Matthias, I suppose this will be the case anyway, they way they are acting.
Gute Frage mit dem deutschen Thread - ich schätze, reine Gewohnheit


 
Adieu
Adieu  Identity Verified
Ukrainian to English
+ ...
The debt itself? Jun 18, 2021

Or the interest and penalties alone?

In my experience, companies tend to eventually pay the debt but ignore the penalties, sometimes outright no response, sometimes a polite "I've forwarded your request to our payments people" email with no further developments

Inez Ulrich wrote:

Adieu wrote:

It exists, but collecting small sums on it is a pain.



well, it's over € 2000 ...


 
Inez Ulrich
Inez Ulrich  Identity Verified
Germany
Local time: 14:33
Member (2016)
English to German
+ ...
TOPIC STARTER
... Jun 18, 2021

Adieu wrote:

Or the interest and penalties alone?

In my experience, companies tend to eventually pay the debt but ignore the penalties, sometimes outright no response, sometimes a polite "I've forwarded your request to our payments people" email with no further developments

Inez Ulrich wrote:

Adieu wrote:

It exists, but collecting small sums on it is a pain.



well, it's over € 2000 ...


no, the debt. If is was 2000 in interest and penalties, I would have completely freaked out by now. But the debt is also a lot of money for me, of course. (You wrote "collecting small sums" which I understood as collecting small invoice sums.)


 
Inez Ulrich
Inez Ulrich  Identity Verified
Germany
Local time: 14:33
Member (2016)
English to German
+ ...
TOPIC STARTER
something else...update Jun 18, 2021

okay, just received an email from them, saying that they will get back to me after my editions have been assessed. They are clearly playing along. I wonder how I shall proceed from here. There is no written agreement in form of a contract. I always issued an invoice and it was paid. I mean, I have worked for a certain amount of time and they have to stick to our agreement, assessment or not. If there is sth to be amended etc. (which I doubt they can judge anyway as they have no clue about the to... See more
okay, just received an email from them, saying that they will get back to me after my editions have been assessed. They are clearly playing along. I wonder how I shall proceed from here. There is no written agreement in form of a contract. I always issued an invoice and it was paid. I mean, I have worked for a certain amount of time and they have to stick to our agreement, assessment or not. If there is sth to be amended etc. (which I doubt they can judge anyway as they have no clue about the topic, as I mentioned before), I would certainly do that, but don't they have to pay anyway. Or am I wrong here?

[Edited at 2021-06-18 19:30 GMT]
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Late fee - in Germany?







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