Unpaid invoices

Invoice is not paid and the customer asks for instalments: opportunities and risks

Two professionals jointly reviewing a business case with calendar and deadline marker – editorial image for “Invoice is not paid and the customer asks for instalments: opportunities and risks”.

Reviewed: 2026-07-26. This article, “Invoice is not paid and the customer asks for instalments: opportunities and risks”, 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. A workable instalment plan needs clear terms and ongoing monitoring. A documented workflow protects liquidity, evidence and the customer relationship. The information is general and does not replace a review of the individual case.

Make instalment agreements realistic and legally clear

An instalment agreement should state the total amount, acknowledged components, instalment size, due dates, payment channel, interest, costs, allocation and consequences of missed payments. The instalment must match the debtor’s apparent ability to pay; an unrealistic plan only postpones default. A clear acknowledgement, current contact details and an acceleration clause are useful. The effect on limitation periods and any security should be reviewed for the individual case under German law. For the specific issue “opportunities and risks”, this requirement should be recorded in the review note with its date and supporting evidence.

For “opportunities and risks”, 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 “opportunities and risks”, this control determines whether the standard workflow applies or an individual review is required.

Allocate partial payments correctly

Where a payment is insufficient to discharge the entire debt, section 367 BGB (German Civil Code) generally applies unless an effective different allocation governs: costs first, then interest and finally principal. A partial payment therefore does not necessarily reduce the interest-bearing principal immediately. Each entry should record the date, amount, payment reference and allocation sequence used. A different allocation stated by the debtor should not be rebooked without review; its legal effect depends on the circumstances. For “opportunities and risks”, 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 “opportunities and risks”, quality control should reconcile the balance and underlying entries once more against the original evidence.

Communicate firmly and customer-focused

Effective payment communication is factual, specific and free from unnecessary pressure. It states the invoice, balance, due date, payment method, contact and clear deadline. It also provides a channel for documented objections and genuine payment difficulties. Courtesy does not mean allowing deadlines to pass without consequence; consistency does not mean threats or public shaming. A uniform tone and a single contact are more likely to preserve the commercial relationship than changing and contradictory messages. In “opportunities and risks”, 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 “opportunities and risks” should record the current balance, next date, reason for the decision and responsible person. When an invoice remains unpaid, the amount, due date and receipt should be verified before any escalation.

What suspends or restarts limitation

A payment reminder, Mahnung or mere instruction of a collection provider does not generally suspend limitation. Serious negotiations may suspend it under section 203 BGB (German Civil Code). Timely court measures, particularly service of a Mahnbescheid (German court order for payment) under section 204 BGB, may also suspend it. An acknowledgement or partial payment may restart the period under section 212 BGB. Effect, timing and evidence require individual review; an internal reminder shortly before year-end is not a reliable protective measure. For “opportunities and risks”, 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 “opportunities and risks”, this requirement should be recorded in the review note with its date and supporting evidence.

Validate the claim before escalation

Before any reminder or handover, the creditor should reconcile the creditor and debtor identities, contract, performance, invoice amount, due date, payments, credit notes and objections. The company name and legal form must match the actual contracting party. For ongoing contracts, termination, term and billing period must be checked. Only the balance remaining after all payments and credits may be pursued. A short internal approval step prevents non-existent claims, duplicate handling and unnecessary costs. The outcome for “opportunities and risks” 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 “opportunities and risks”, 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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