Legal consequences, interest on arrears as of the occurrence of default are just a few questions that are frequently raised. With a performance a debtor be civil law book automatically according to 286 in default if a formal notice is sent to him by a debt collection agency. Thus, the occurrence of default represents the most important consequence of a letter. When collection letters are sent from debt collection company as the General accounts receivable and collection service Ltd., often also called debt collection letter. Prerequisite for entry of default is the maturity of the performance and not more strips of the debtor as a result of the letter. The delay occurs no later than 30 days after receipt or access of a payment statement at a formal waiver. This formulation has validity for all types of contracts, of which the debtor has to pay a fee. If the debtor is a consumer at the same time, this regulation only if by the creditors within the Bill explicitly was pointed out and the debtor is considered Knowledge gained from her.
According to 13 German civil code can be a consumer any natural person that enters a transaction with respect to a particular achievement of the purpose. This transaction may not stand in relation to its commercial nor his self-employed activity. The debtor is not a consumer, the above obligation is omitted. As long as the performance of the debtor for any reason fails to materialize, which he is not responsible, no distortion occurs. During the delay the debtor for any negligence, as well as for the coincidence with the exception shall be liable if the damage even with timely performance to the creditor would have arisen. The delay has legal consequences for the debtor. A debtor in default, the obligee may replace of the resulting delay or damage caused by delay and join money debt interest as a minimum damage to the obligor shall apply.
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