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Debt collection · Germany

Mahnung — a formal payment demand from a private creditor

A Mahnung is a formal demand for payment from a private creditor. Its serious tone is real — it can put you into legal default — but it is still a private letter, not a court order.

How serious: routineAlso called: 2. Mahnung, letzte Mahnung, Mahnschreiben, Zahlungsaufforderung

A Mahnung is a formal payment demand from a company or person that says you owe money. Despite the stern wording, it does not come from a court or an authority. It is a private letter.

Legally it matters for one reason: a Mahnung sent after the due date puts the recipient into default (Verzug) under BGB §286. From that point the creditor can charge default interest and pass on collection costs.

The numbering — '1. Mahnung', '2. Mahnung', 'letzte Mahnung' — has no legal meaning. One Mahnung is enough; the creditor does not have to send several before escalating.

Who sends it

A private creditor — a company or a person you owe money to. Despite the serious tone, it is still a private letter, not one from a court or an authority.

Company letterhead with the word 'Mahnung' or 'letzte Mahnung', a reference to an earlier invoice or reminder, and a firm payment deadline. Often Mahngebühren or interest are already added, along with threats to involve Inkasso, SCHUFA, or a court dunning procedure.

The deadline

There is no statutory length for this deadline. The payment deadline is the one the creditor sets in the letter, and the creditor chooses it freely.

If you do nothing

Silence means you are — or remain — in default under BGB §286. Default interest runs at 5 percentage points above the base rate for consumers (BGB §288); for non-consumers it is 9 percentage points plus a €40 flat fee. The creditor may escalate to Inkasso or a court Mahnbescheid at any time — no further reminders are required first.

How it escalates

  1. 01Default interest keeps accruing (BGB §288), and collection costs are added once you are in default.
  2. 02The claim is typically handed to an Inkasso agency or a lawyer.
  3. 03The creditor may start the court dunning procedure: a Mahnbescheid is served (ZPO §692), and the court does not check whether the claim is justified.
  4. 04Without a Widerspruch, a Vollstreckungsbescheid follows (ZPO §699), then enforcement by the bailiff or account garnishment.

Your options, procedurally

  • Payment within the deadline set in the letter ends the matter.
  • The claim can be disputed in writing to the creditor, stating why — wrong amount, already paid, no contract.
  • A payment plan or deferral can be proposed to the creditor in writing; this is a private agreement.
  • The letter and any proof of payment are the evidence a later Mahnbescheid is answered with.

Common questions

Does a '2. Mahnung' or 'letzte Mahnung' mean more legally?

No. The numbering has no legal meaning. One Mahnung is enough to trigger default — and the creditor may escalate at any time without sending more.

Is a Mahnung a court document?

No. It comes from a private creditor. A court only enters the picture if the creditor later applies for a Mahnbescheid (ZPO §692).

What interest can be charged?

Once you are in default, 5 percentage points above the base rate for consumers (BGB §288). For non-consumers, 9 percentage points plus a €40 flat fee.

Sources

Facts verified against the sources below on 28 August 2026.