Debt collection

Debt collection and EU late payment: status of the planned late-payment rules

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Reviewed: 2026-07-26. This article, “Debt collection and EU late payment: status of the planned late-payment rules”, explains a specific part of debt recovery under German law. The first task is to distinguish a due and substantiated claim from booking errors, legitimate objections and simple delay. At the review date, the EU proposal has not entered into force as a binding regulation. A documented workflow protects liquidity, evidence and the customer relationship. The information is general and does not replace a review of the individual case.

EU late-payment rules: the new proposal is not yet binding law

As of 2026-07-26, proposal COM(2023) 533 for an EU regulation on late payment remains in the legislative process. Proposed requirements must therefore not be presented as binding law. German claims continue to be governed in particular by the contract, the BGB (German Civil Code) and existing European rules. Businesses should monitor the procedure but should not change payment terms, reminders or interest calculations to rules that have not been adopted. Any update should state its source and effective date. For the specific issue “status of the planned late-payment rules”, this requirement should be recorded in the review note with its date and supporting evidence.

For “status of the planned late-payment rules”, the starting point is not the reminder stage but a verified set of facts. The reviewer records the legal basis of the claim, contracting party, amount, due date, receipt and payments before drawing a legal or operational conclusion. In “status of the planned late-payment rules”, this control determines whether the standard workflow applies or an individual review is required.

Separate B2B and consumer cases

Whether the debtor acted as a business or consumer affects default interest, the 30-day rule, information duties and communication. For consumers, the 30-day rule requires a specific notice; statutory default interest is generally five percentage points above the German basic rate. For payment claims with no consumer involved, it is generally nine percentage points above the basic rate. Classification depends on the particular transaction, not merely on occupation or a company name. Mixed cases and sole traders therefore require a careful contract review. For “status of the planned late-payment rules”, the workflow should continue only after ownership, deadline and the exception route are clearly set in the system.

The rule should not exist only in a manual. The system should define a trigger, case owner, deadline and escalation path, making it clear why the case was processed, paused or transferred. For “status of the planned late-payment rules”, quality control should reconcile the balance and underlying entries once more against the original evidence.

The EUR 40 B2B flat charge

Under section 288(5) BGB (German Civil Code), a creditor may generally claim a flat EUR 40 charge for default on a payment claim where the debtor is not a consumer. It does not arise again for every reminder. It is credited against recoverable damages to the extent those damages consist of legal recovery costs. Default interest and proven additional loss may also be available. The creditor must still establish and document default, the nature of the payment claim and the debtor’s non-consumer status. In “status of the planned late-payment rules”, this control determines whether the standard workflow applies or an individual review is required.

For larger portfolios, apply the rule consistently while allowing justified exceptions. Defined thresholds, a documented exception route and sample controls help prevent automation from producing factually incorrect measures. The outcome for “status of the planned late-payment rules” should record the current balance, next date, reason for the decision and responsible person. The debt collection file should therefore show the decision, supporting documents and calculation in a complete audit trail.

Use payment terms and credit limits preventively

Clear payment terms, milestones, advance payments, security and credit limits reduce risk before the due date. Terms must be validly incorporated into the contract and stated consistently in orders and invoices. Credit limits should reflect turnover, payment history, credit risk and concentration and should be reviewed regularly. Sales exceptions need approval and an expiry date. Where arrears rise, further supply, continued performance and security should be reviewed legally and commercially rather than allowing the limit to grow silently. For “status of the planned late-payment rules”, quality control should reconcile the balance and underlying entries once more against the original evidence.

A common mistake is to infer default directly from an open balance. Corrections, counter-rights and receipt issues must be checked first, and calculations should allow a third party to reconstruct every amount and period. For the specific issue “status of the planned late-payment rules”, this requirement should be recorded in the review note with its date and supporting evidence.

Responsibilities and escalation rights

Effective receivables management assigns clear roles: sales maintains contract and contact data, operational teams preserve performance evidence, accounting posts and reminds, legal or collection teams assess escalation, and management sets risk limits. Approval thresholds should cover disputes, high values, instalments, write-offs and supply stops. A regular review examines both metrics and individual cases. Shared definitions prevent different departments from handling the same customer with different balances or deadlines. The outcome for “status of the planned late-payment rules” should record the current balance, next date, reason for the decision and responsible person.

The article therefore leads to a reviewable decision rather than a blanket measure. Once the claim and evidence are clear, Fortis Inkasso GmbH & Co. KG can take the next out-of-court step; objections should first be assessed legally. For “status of the planned late-payment rules”, the workflow should continue only after ownership, deadline and the exception route are clearly set in the system.

Sources

Primary sources and official information used in this article.

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