Legal fees and interest after the 3rd reminder of a medical bill.
March 13, 2012 | 30,00 EUR | answered by Jan Wilking
Dear Sir or Madam,
I have neglected to settle a medical bill. It was supposed to be paid by 13.02.2012. However, the money was only transferred on 28.02.2012 and was recorded by the company that sent me the bill the next day. The matter was already handed over to a law firm on 10.02.2012, from which I received a letter on 29.02.2012 demanding the known sum plus legal costs in the amount of 46.41 euros, plus interest until 29.02.2012 (allegedly determined according to § 288 BGB; how high are they actually?) to be transferred to the law firm's account by the .... After clarifying the fact that the money was actually already transferred, the lawyer insisted on paying his legal costs plus interest. Is his behavior correct? Does it matter whether the money was transferred before the lawyer's letter reached me or not?
Thank you in advance for your prompt response.
Sincerely, Polina
Dear inquirer,
I am happy to answer your inquiry considering the circumstances you have described and your commitment as follows:
You generally have to reimburse incurred legal fees and default interest if you were in default with the performance according to § 286 BGB. The default usually begins with the delivery of the reminder to the debtor. However, a reminder is dispensable for the default if a specific calendar date (e.g. in a contract or on the invoice) determines when the debtor must settle the claim.
Assuming that the claim was due and payment was requested by the 13th of February on the invoice, you were in default since the 14th of February. From the moment the debtor is in payment default, the expenses incurred for the collection of claims can be claimed as default damages against the debtor. This generally includes legal fees as well. However, the decisive factor is the time of instructing the lawyer. If there was no default at that time, there is no entitlement. But if the instruction was given on the 14th of February or later, the costs have usually already been incurred and must be reimbursed by you, even if the payment and delivery of the lawyer's reminder overlap as in your case.
The default interest must be paid in any case in case of default, regardless of the time of instructing the lawyer. According to § 288 BGB, it is currently 5.12% for consumer transactions, you can calculate the specific amount with a default interest calculator (e.g. at http://www.zinsen-berechnen.de/verzugszinsrechner.php).
I hope this has provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please note that I cannot provide a final advice here within the scope of an initial consultation without knowledge of all circumstances. If you wish for a final assessment of the situation, I recommend contacting a lawyer and discussing the situation with them after reviewing all documents.
Best regards
