What is a reminder
A reminder is issued by a creditor to a debtor. The condition for this is given if a debtor owes a creditor an object, movable value or financial value. The reminder is one of the first steps in the recovery of a debt. In civil law, however, the term is also used to refer to the omission of an object.
Dunning notices in the credit sector
Anyone taking out a loan undertakes to comply with the monthly deadlines and instalments. In the absence of a single deadline or instalment, the lender will issue a first warning to the borrower. The latter is requested to comply with its contractually agreed conditions in due time. This is a first reminder from the contractual partner – the bank. In total, the Bank will send no more than three reminders before enforcement begins. As a result, the credit agreement is terminated unilaterally and without notice by the lender. In addition, the remaining receivable is due in one sum. Dunned borrowers should take this process seriously and react promptly.
Dunning notices in Accounting
When goods are purchased, an invoice is issued unless this is paid immediately during the order by credit card or another payment method. The invoice is sent to the customer online via e-mail or with the shipment. The latter must pay the invoice within a specified period, on average 14 days. If the customer owes the merchant the amount, the debtor must expect a reminder from the creditor. The latter reminds in writing that the amount claimed is still outstanding and asks for payment settlement. If the debtor does not react again, a maximum of two further reminders with a request for payment will follow.
Most dealers do not necessarily end up turning to an Lawyer to proceed with debt collection. The process can be processed more quickly in cooperation with a debt collection agency. As a rule, the debt collection agency purchases the amount owed. Disadvantage for the creditor: The full amount of the claim is not compensated. Advantage for the creditor: Instead of years of legal action against the debtor, at least the largest part of the amount owed has to be paid. Further reminders and a judicial dunning procedure will henceforth be handled by the debt collection company. For the debtor, this means an accumulation of debts.
Reminders regarding an omission
Lawyers who have specialized in Internet platforms have been reminding users to cease and desist for years. In particular, the focus is on file sharing. Many users download expensive programs such as games or videos from the Internet. This is still in a grey area, because it is not the download that causes problems, but the download conditions. By downloading, the client undertakes to offer the available data to others for downloading. This is forbidden by copyright and leads to a warning.
On the one hand, the specialist lawyer sues for the omission and use of file sharing, on the other hand a dunning amount is levied. However, the reminder does not always have to be justified, because consumer protectors point out that there are numerous unjustified reminders on this subject. It is recommended to submit a reminder for an injunction with a reminder amount to a specialist lawyer. Only when the dunned party signs a declaration by the other party is this considered an admission of guilt. Many lawyers representing major producers in the film industry are putting pressure on consumers.
Today, it is also common for a reminder to end up as spam in the e-mail inbox. The majority of these are malicious software and The reason reminder should cause the account holder to open the e-mail.