Glossary · Austria and Germany
Payment default
Payment default is a legally relevant delay in payment. It requires more than an “open” status in bookkeeping. Due date, receipt, any required demand and other conditions need assessment under the applicable law.
Distinguish the concepts
The due date establishes when payment can be requested. Default concerns consequences of delayed performance. A promise to pay is not a receipt, and a dispute about performance must be recorded separately. Acceptance of a collection instruction does not replace assessment of the underlying claim.
Jurisdiction and scope
In Germany, a demand after payment becomes due can trigger default; statutory exceptions and a specific 30-day rule also exist. For consumers, that rule requires the prescribed notice. Austria has its own rules. Do not transfer Germany’s 30-day provision or an assumed month-end start to Austrian claims.
Illustrative business example
An invoice states a payment deadline that was not agreed with the customer. Bookkeeping marks it overdue when the date passes. Before handover, also check the contract, performance and delivery of the invoice. Identify the actual fact relied on to establish default. Add missing evidence rather than copying a date from an automated status.
Common questions
Is an unpaid invoice enough?
It is a starting point, but does not alone prove every condition of default.
Are three reminders required?
There is no general three-reminder requirement. The facts and applicable default rules determine what is needed.
What does incaseof.law require?
For a regular instruction, its terms require evidence of default. Prepare the contract, invoice, delivery evidence and any necessary reminder record.
Related topics
Sources and basis
Content reviewed on 23 September 2026. Procedural information and our contractual terms are separate foundations. The individual case remains decisive.
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