The Debt Recovery Letter is a critical document in Austrian business practice, serving as a formal demand for payment of outstanding debts. It is typically used when previous informal attempts to collect payment have failed and before initiating legal proceedings. The document must comply with Austrian civil law requirements, particularly the ABGB (Austrian Civil Code) and the EO (Enforcement Act). It should include precise details of the debt, calculation of interest according to Austrian statutory rates, and clear payment instructions. When used with consumers, it must also comply with the Austrian Consumer Protection Act (KSchG). The letter serves both as a final warning to the debtor and as potential evidence in subsequent legal proceedings, making it an essential tool in the debt recovery process.
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1. Sender Details: Full legal name, address, and contact information of the creditor or their representative
2. Recipient Details: Full legal name and address of the debtor
3. Date and Reference: Current date and any relevant reference numbers
4. Subject Line: Clear indication that this is a formal demand for payment
5. Debt Details: Precise amount owed, original due date, and nature of the debt
6. Legal Basis: Reference to the underlying contract or basis for the debt
7. Payment Demand: Clear statement of the amount due including any interest and costs
8. Payment Instructions: Bank details and deadline for payment
9. Consequences: Statement of legal actions that may follow non-payment
10. Closing: Formal closing, signature block, and creditor's details
1. Interest Calculation: Detailed breakdown of interest charges - include when statutory or contractual interest has accrued
2. Previous Communications: Reference to prior payment requests - include in follow-up demands
3. Settlement Offer: Proposed payment arrangement terms - include when willing to negotiate
4. Power of Attorney: Declaration of legal authority - include when letter is sent by a representative
5. Consumer Rights Notice: Statement of consumer protection rights - include when debtor is a consumer
6. Dispute Resolution: Information about dispute processes - include for larger claims or complex cases
1. Original Invoice: Copy of the unpaid invoice(s)
2. Statement of Account: Detailed breakdown of the debt, including principal, interest, and costs
3. Contract Extract: Relevant sections of the underlying contract or agreement
4. Payment History: Record of any partial payments or previous payment attempts
5. Interest Calculation Sheet: Detailed calculation of statutory or contractual interest
6. Proof of Delivery: Evidence that goods or services were delivered (if applicable)
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