Accounts receivable

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The call billing , the method of offsetting of partial payments to a request, which is composed of a plurality of amounts.

If the debtor is in arrears with the payment of a monetary claim, the obligee can claim damages according to § 280 BGB (dunning costs) and according to § 288 BGB interest on arrears. The overall claim thus consists of the main claim , costs and interest.

If the debtor pays a partial amount, e.g. as part of an installment agreement, this is to be offset against the partial items as follows:

  1. If the claim is based on a consumer loan contract, the costs are paid first with the partial payment according to § 497 BGB. The main claim will then be repaid with any amount that may exceed this. If the partial payment exceeds costs and the main claim, the remaining amount will be offset against the interest. This regulation is also referred to as the "cost-main claim-interest" billing sequence .
  2. In the case of all other claims under civil law, the debtor may determine the order of settlement. If he pays an amount that corresponds to the amount of the main claim, it can be assumed that he wishes the amount to be offset against the main claim. However, the obligee can refuse the performance.
  3. If the debtor fails to determine the crediting, the partial payment will first be set off against the costs, then against the interest and finally against the main claim (order of settlement "cost-interest-main claim") according to § 367 BGB.
  4. In accordance with Section 94 of the OWiG, partial payments on fines are first offset against the fine, then against secondary consequences and finally against the procedural costs.

The offsetting sequence "cost-main claim-interest" is more favorable for the debtor than "cost-interest main claim", since no compound interest may be calculated on the interest according to § 289 BGB. On the other hand, the main claim will incur further default interest even after the partial payment.

In the case of partial payments on fines, the order of settlement is relevant insofar as enforcement detention can be ordered if the fine is not paid . If only secondary claims or procedural costs are open, this is not possible.