A Late Notice is a crucial document in Austrian business operations, used when payments for goods or services have not been received by their due date. This document serves as a formal demand for payment and is an essential step in the debt collection process under Austrian law. The notice must comply with specific requirements of the Austrian Civil Code (ABGB) and Commercial Code (UGB), including proper identification of the parties, clear statement of the outstanding amount, and specification of a reasonable payment deadline. The Late Notice should include statutory interest calculations as permitted under Austrian law and the EU Late Payment Directive, and may also include recovery costs. It often serves as a prerequisite for any legal proceedings and can be used as evidence in court if payment disputes escalate to litigation.
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1. Sender Details: Full legal name and address of the creditor company/individual
2. Recipient Details: Full legal name and address of the debtor company/individual
3. Date: Current date of the notice
4. Reference Line: Clear reference to the underlying contract/invoice number
5. Subject Line: Clear indication that this is a late payment notice (Mahnung)
6. Outstanding Payment Details: Specific details of the outstanding amount, original due date, and invoice reference
7. Payment Demand: Clear statement of demand for payment including the total amount due
8. Payment Deadline: New deadline for payment (typically 7-14 days) with specific date
9. Legal Consequences: Statement of legal consequences if payment is not received by the new deadline
10. Payment Instructions: Bank account details and payment reference information
11. Signature Block: Signature of authorized representative and company details
1. Interest Calculation: Detailed breakdown of statutory interest charges - include when claiming interest on the outstanding amount
2. Previous Communications: Reference to previous payment reminders - include when this is not the first notice
3. Collection Costs: Details of recovery costs being claimed - include when claiming compensation for recovery costs under EU Late Payment Directive
4. Security Enforcement Notice: Notice of intention to enforce any security - include when there is security that can be enforced
5. Legal Proceedings Warning: Specific warning about intended legal proceedings - include in final notices before legal action
1. Payment History Schedule: Detailed list of all relevant invoices, due dates, and any partial payments made
2. Interest Calculation Schedule: Detailed calculation of interest charges and fees
3. Copy of Original Invoice(s): Copies of all relevant unpaid invoices referenced in the notice
4. Copy of Contract/Terms: If relevant, copy of the underlying contract or terms of business
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