Unpaid fees are awkward for both sides. Most of the time the invoice has simply been overlooked, and a friendly reminder is enough. If payment still does not arrive, you need a clear tone, a new deadline and the right legal notes. The generator writes all three stages, for private individuals and businesses, in Austria and Germany.
Three stages: reminder, first notice, final notice
The payment reminder assumes the invoice was overlooked: no reproach, just a request to pay by a new date. The first notice is factual and mentions the consequences of late payment. The final notice announces that you will take the claim to court once the deadline has passed. You do not need more than these three letters, and neither Austria nor Germany has a legal requirement to send exactly three reminders.
Set a specific date as the deadline each time instead of “seven days from receipt”: that avoids any argument about when the letter arrived. Ten to fourteen days is usual.
Late-payment interest and the €40 flat fee
In Austria, statutory default interest towards consumers is 4% a year (§ 1000 ABGB), and between businesses 9.2 percentage points above the base rate (§ 456 UGB). From businesses, you can also claim a flat fee of €40 for recovery costs (§ 458 UGB).
In Germany, default interest is 5 percentage points above the base rate if a consumer is involved, otherwise 9 percentage points (§ 288 BGB). Here too, you are entitled to a flat fee of €40 from businesses (§ 288 Abs. 5 BGB), which is offset against later legal costs. The generator therefore only suggests the flat fee if you choose “Business”.
Confidentiality applies to reminders too
A reminder goes to the person who instructed you and to nobody else. In the subject line, give only the invoice number, not the subject of the engagement: emails get forwarded, and colleagues or family members sometimes read along in a mailbox. For lawyers, notaries, tax advisers and auditors, the duty of confidentiality also applies when it comes to their own fees.
In Austria, lawyers and notaries usually call their invoice a “Honorarnote” (fee note). The generator uses this term automatically; for all other professions and for Germany, it says “invoice”.
