How to check in just a few minutes whether a debt-collection (Inkasso) claim is genuine and justified, how to recognise fraud and what you should do.
A debt-collection letter (Inkasso-Schreiben) in your mailbox often creates pressure straight away. That is exactly the intention. Before you pay, you should know one simple truth: a collection letter is only worth as much as the claim behind it. If the claim does not exist, the letter is worth nothing either.
You can usually recognise an unjustified or fraudulent collection letter by these points: it names no original creditor and no clear reason for the claim, the company does not appear in the Rechtsdienstleistungsregister (the public register of legal-services providers), the fees are disproportionately high, it threatens you with a bailiff, seizure or the SCHUFA (Germany's main credit bureau) even though no court was involved, and you are asked to pay very quickly into a third-party or foreign account. In such a case, do not pay too hastily, check the claim and object in writing.
A collection claim is only justified if the underlying main claim genuinely exists, is due, and you were validly placed in default beforehand (§ 286 BGB, German Civil Code). Only default turns collection costs and default interest into recoverable damage. Important for consumers: automatic default 30 days after receipt of an invoice applies only if the invoice expressly pointed out this consequence (§ 286 Abs. 3 BGB).
If the claim does not exist at all, for example because you never ordered the service, the invoice was paid long ago, or the claim is time-barred, then the entire collection claim is unjustified. The costs also fall away in that case.
Registered debt-collection service providers must inform you clearly and comprehensibly in the very first letter (§ 13a RDG, German Legal Services Act):
On request, the company must also state where the claim originally arose (important for sold claims) and how the contract came about. If these mandatory details are missing, that is a serious warning sign and a good reason to demand proof in writing.
Only registered providers may carry out debt collection in Germany. You can see free of charge whether a company is registered in the public Rechtsdienstleistungsregister at rechtsdienstleistungsregister.de. The competent supervisory authority is listed there too. Since 1 January 2025, the Bundesamt für Justiz (Federal Office of Justice) has been responsible for the register and supervision. If a company that carries out debt collection is not listed there, extreme caution is warranted.
And very importantly, what you should not do: do not sign any acknowledgement of debt (Schuldanerkenntnis) and do not agree to instalment payments as long as the legitimacy is not clarified. Even a small part payment can count as an acknowledgement and restart the limitation period (§ 212 BGB).
This is the most important distinction. A letter from a company or a collection agency is not a court document. A court order for payment (Mahnbescheid), by contrast, comes from the Amtsgericht in a formally served yellow envelope. You must object to a Mahnbescheid within 2 weeks of service using the enclosed form, otherwise an enforcement order (Vollstreckungsbescheid) can follow. The dunning court does not check whether the claim is justified. So always respond to a genuine Mahnbescheid within the deadline, even if you think the claim is wrong. A partial objection against costs and interest only is possible.
The collection costs may not be higher than the fee that a lawyer would be entitled to under the Rechtsanwaltsvergütungsgesetz (RVG, the German lawyers' fees act). Since 1 October 2021, reduced fees apply to simple or undisputed cases; for anyone who pays immediately on the first demand, the fee is reduced further. Default interest towards consumers amounts to 5 percentage points above the base interest rate per year (§ 288 BGB); the higher rate and the 40-euro flat fee apply only between businesses, not towards private individuals. Concrete euro limits depend on the amount of the claim and the case, so scrutinise the breakdown in the letter critically.
The standard limitation period is 3 years and begins at the end of the year in which the claim arose and became due (§ 195, § 199 BGB). Important: out-of-court reminders and collection letters do not suspend the limitation period, not even by registered mail. You no longer have to pay time-barred claims; you can raise the defence of limitation. So do not pay anything on a possibly time-barred claim, because even a part payment restarts the period.
In Austria, collection costs are capped by regulation; only costs that are necessary and proportionate to the claim are reimbursed (§ 1333 ABGB). Advice is available from, among others, the Arbeiterkammer (Chamber of Labour).
In Switzerland there is no statutory basis for collection fees as a separate item of damage. The Federal Council and the Federal Supreme Court take the view that such costs are generally not owed; in principle, only the main claim and default interest of 5 percent are owed (Art. 104 OR). Instead of a Mahnbescheid there is the debt-enforcement procedure (Betreibungsverfahren); you can file a legal objection (Rechtsvorschlag) against a payment order (Art. 74 SchKG), including only in part.
Do I have to pay a collection letter immediately? No. First check whether the claim exists and is justified. If in doubt, object in writing and demand proof rather than paying hastily.
Can a collection agency seize my account? No, not on its own. Enforcement requires an enforceable title, such as an enforcement order or a court judgment. Threats of seizure without a title are unlawful pressure.
What happens if I simply do not react? With a private collection letter, nothing legal happens at first. With a court order for payment in a yellow envelope, however, you must object within 2 weeks, otherwise an enforcement order looms.
How do I recognise fake debt collection? Typical signs are missing mandatory details, an unregistered company, high time pressure, payment into foreign accounts, and threats involving the SCHUFA or a bailiff. Compare suspicious accounts against the Verbraucherzentrale's blacklist and file a criminal complaint if you suspect fraud.
We are an independent citizens' initiative (Bürgerinitiative) and provide general information. This text is not legal advice for an individual case. In the event of a dispute or uncertainty, contact your Verbraucherzentrale (consumer advice centre) or a lawyer.