When am I entitled to claim default interest and late payment fees?

As soon as your customer is in default. Under §286 BGB, default occurs automatically 30 days after the invoice is received — provided you explicitly pointed out this 30-day deadline on the invoice (which is mandatory for B2C). If a payment deadline was agreed, default begins the very next day. For B2B there is an additional rule: no reminder is needed, and the €40 flat fee becomes due automatically.

How high is the default interest in 2026?

The default interest is the base rate of the Deutsche Bundesbank plus 9 percentage points for B2B claims or plus 5 percentage points for B2C. The base rate is reset on 1 January and 1 July each year — currently (2026) it is around 1.62 percent. That gives B2B default interest of about 10.62 percent and B2C of about 6.62 percent per year.

Which late payment fees are permissible?

Late payment fees are permissible as a flat-rate reimbursement of your expenses (postage, material, time) — but they must not be excessive. Common and usually accepted by courts: 5 euros for the 1st reminder, 10 euros for the 2nd reminder and 15-20 euros for the 3rd reminder. For higher amounts you have to be able to prove the actual damage.

Late Payment Fees & Default Interest Calculator 2026 | What Can You Claim?

Your invoice

Invoice details

Invoice amount (gross)

€

The open principal claim including VAT.

Due on

The day from which the invoice was due.

Today's date

Defaults to today, can be adjusted.

Customer type & base rate

Customer type

B2B (business) B2C (private individual)

B2B: 9 % above the base rate + €40 flat fee under §288 (5) BGB. B2C: 5 % above the base rate, no flat fee.

Bundesbank base rate: 1,62 %

Set every six months by the Bundesbank (on 1 January and 1 July). Currently (2026): 1.62 %. Check the current value.

Reminder

Reminder level

1st reminder 2nd reminder 3rd reminder

Common late payment fees: €5 / €10 / €20.

You may claim

1.548 €

12 days overdue

Breakdown

Principal claim 1.500 €

+ Default interest (10,62 %) 5 €

+ Late payment fee (1. reminder) 5 €

+ €40 flat fee (§288 BGB) 40 €

= Total claim 1.548 €

Send reminders automatically

Awerka detects overdue invoices, calculates default interest and late payment fees correctly and sends the reminder automatically at your preferred interval — you no longer have to keep anything in your head.

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Sample text for your reminder

This template is a starting point. Adjust the salutation, date and reference to match your invoice. A plain letter is enough for the first two reminders; for the 3rd reminder registered mail is recommended as evidence.

How the calculation works

Default interest under §288 BGB

When payment is overdue, you may charge interest on the outstanding claim. The amount is based on the base rate of the Deutsche Bundesbank plus a markup:

B2B (businesses): base rate + 9 percentage points
B2C (private individuals): base rate + 5 percentage points

With a current base rate of 1.62 %, that is 10.62 % for B2B and 6.62 % for B2C — per year. The value is applied to the overdue amount on a day-by-day basis.

Late payment fees as compensation

Late payment fees are meant to cover your actual effort — postage, printing, administration, time. The amount must be reasonable. Common and usually accepted by courts:

1st reminder: €5 (sometimes even just as a free payment reminder)
2nd reminder: €10
3rd reminder: €15-20

In a dispute you have to be able to prove higher amounts — for example with the verifiable costs of postage and material.

The €40 flat fee (B2B only)

For business customers you are entitled under §288 (5) BGB to an additional flat fee of €40. It does not have to be proven in detail and applies automatically — even if you write only a single reminder. It can be partly offset against the late payment fees if both cover the same item of damage.

Legal note: This calculation serves as a guide. For larger or disputed claims we recommend consulting a lawyer. Awerka accepts no liability for the exact legal accuracy.

Frequently asked questions

As soon as your customer is in default. Under §286 BGB, default occurs automatically 30 days after the invoice is received — provided you explicitly pointed out this 30-day deadline on the invoice (mandatory for B2C). If a payment deadline was agreed, default begins the very next day. For B2B there is an additional rule: no reminder is needed, and the €40 flat fee becomes due automatically.

The base rate plus 9 percentage points for B2B or plus 5 percentage points for B2C. The base rate is set every six months by the Bundesbank (on 1 January and 1 July) — currently (2026) it is around 1.62 %. That gives about 10.62 % for B2B and 6.62 % for B2C per year.

An additional lump-sum compensation under §288 (5) BGB that you may claim automatically for B2B claims — without having to prove the damage in detail. It covers your effort for collecting the debt. It only applies to B2B, not to private customers. It can be partly offset against the late payment fees.

As a flat-rate reimbursement of your expenses (postage, material, time) — but they must not be excessive. Common and usually accepted by courts: €5 for the 1st reminder, €10 for the 2nd and €15-20 for the 3rd reminder. For higher amounts you have to be able to prove the actual damage.

After three unsuccessful reminders over about 30-45 days you have several options: a court dunning procedure (online via online-mahnantrag.de, very cheap), hiring a debt collection agency or filing a lawsuit directly. It is best to send the first reminders by registered mail — as evidence for a later court case. Tools like Awerka automate the entire reminder process for you, including escalation.