Glossary · Austria and Germany
Claim, creditor and debtor
A claim is a right to demand specified performance. The creditor may demand it; the debtor owes it. A monetary claim concerns payment. An invoice records an amount but does not independently establish every asserted entitlement.
Distinguish the concepts
Contract, performance and billing must align. The invoice recipient is not necessarily the contracting party, and a contact person is not automatically personally liable. Assignment may also change the creditor. Record the basis, parties and subsequent changes explicitly.
Jurisdiction and scope
Austria and Germany have distinct rules for creation, maturity, transfer and discharge. Creditor and debtor describe roles, not fault or financial capacity. Regular submission to incaseof.law also depends on its acceptance conditions. Include known objections even if the accounting system still shows the balance as open.
Illustrative business example
A limited company orders materials and an employee receives them. The invoice and handover identify the company, not the employee as a private debtor. Partial payments and credit notes affect the remaining amount. This example illustrates why identity and balance should be reconciled before further action.
Common questions
Does every invoice establish a valid claim?
The underlying entitlement must exist. Assess invoice, agreement and actual performance together.
Is the director automatically personally liable?
The position alone does not establish that. Personal liability requires a separate basis.
Where should recipients of collection letters go?
Use the payment portal directly. This explanation is intended for businesses preparing receivables records.
Related topics
Sources and basis
- Deutschland: BGB 241
- Deutschland: BGB 362
- Österreich: persönliche Rechte
- Engagement, services, remuneration and cooperation: incaseof.law terms
Content reviewed on 23 September 2026. Procedural information and our contractual terms are separate foundations. The individual case remains decisive.
Your next step
Prepare your documents and use the existing registration. For questions about the scope of services, visit our contact page.
Received a letter as a debtor? Please go directly to the payment portal.