Collection receipt
The collection document (also: collection-document ) is in the banking industry and postal services a form that the collection of money demand from payer to payee provides.
General
Debt collection documents are part of payment transactions and ensure that the debtor who is obliged to pay can settle his debts, for example from a sales contract with the seller ( creditor ). The payment terms agreed between the seller and the buyer must provide that the purchase price is to be paid by direct debit or cash on delivery .
Legal issues
Help the cash only is bank account of the seller, in addition debit the bank account of the buyer required. This is why direct debit is a cashless payment , whereas cash on delivery requires the buyer to use cash or an equivalent means of payment ( half-payment ).
After § 422 HGB is in the delivery in the freight business to assume that the invoice amount is to collect an equivalent means of payment in cash or in the form if the parties have agreed that the goods only against collection of a delivery to the mail recipient must be delivered. The "equivalent means of payment" must not involve any payment risk for the seller, so that only electronic means of payment such as the girocard are permitted. In Section 422 (2) of the German Commercial Code (HGB), the irrefutable presumption is made that the money obtained on the basis of the collection is deemed to have been transferred to the sender in relation to the carrier's creditors . The "delivery against cash on delivery" establishes an advance performance obligation of the buyer insofar as he has to pay when the goods are handed over without being able to examine them beforehand. This means that the buyer is exposed to the same risk as with prepayment or prepayment .
In the case of direct debits, in accordance with Section 675j, Paragraph 1, Clause 1 of the German Civil Code ( BGB), the effectiveness of the payment transaction depends on whether the buyer who is obliged to pay has consented to it ( authorization ). This authorization of the payment transaction can take place in advance or - if agreed between the debtor and his bank - also subsequently by mandate (Section 675j Paragraph 1 Clause 2 BGB). The "Special Conditions for Direct Debit" revised in October 2009 stipulate that the payment by direct debit in the SEPA direct debit procedure to the paying agent is authorized in advance with the issuing of the SEPA direct debit mandate (Section C. and D. each No. 2.2 . 1). The SEPA mandate not only includes the authorization of the payee to collect the amount from the debtor's account, but also the general instruction to the paying agent to redeem the SEPA direct debit drawn by the payee on the debtor's account (sections C. and D. respectively No. 2. 2. 1). According to the new terminology of the law, this instruction contains the payment order in accordance with Section 675f (3) sentence 2 BGB.
Others
Debt collection documents are available from banks and the post office. Debt collection documents consist of a standardized form made up of document reader paper in DIN A6 paper format .
See also
Individual evidence
- ↑ BT-Drs. 13/10014 of March 4, 1998, draft of a law for the revision of freight, forwarding and storage law , p. 48
- ^ BGH, judgment of September 19, 1984, Az .: VII ZR 103/83 = WM 1984, 1572
- ↑ BGH, judgment of July 20, 2010, Az .: XI ZR 236/07 = BGHZ 186, 269 , No. 21
