Dunning Fees (Mahngebühren): When You Can Charge Them

Sending reminders costs time. Under the right conditions, you can charge a dunning fee to cover it — but the rules matter.

When a fee is allowed

A dunning fee is generally legitimate if it is agreed in your terms and conditions or contract, and it reflects your actual reminder costs.

The debtor must actually be in default. You cannot charge a dunning fee before the payment is genuinely late.

A small, reasonable amount is more defensible than a punitive one. The fee should cover your costs, not punish the debtor.

The fee must have been communicated in advance. A fee the debtor never agreed to is far harder to enforce.

• Agree the fee in your terms up front.
• The debtor must actually be in default.
• Keep the amount reasonable.
• Communicate the fee in advance.

What the courts accept

Courts accept modest dunning fees when they are contractually agreed and proportional. A fee of CHF 20 to 50 for a reminder is commonly seen as acceptable.

Unannounced or excessive fees are often struck down if challenged. A fee of hundreds of francs for a small debt will not survive review.

The fee must relate to actual reminder work. Courts look at whether the amount is a genuine reflection of your costs.

Consistency helps. If you apply the same fee to all late payers under the same terms, your position is far stronger.

• Modest, proportional fees are accepted.
• CHF 20–50 is commonly acceptable.
• Excessive fees are struck down.
• Fee must reflect real reminder costs.

How much to charge

Set the fee at a level that covers the real cost of preparing and sending a reminder. A reasonable range keeps it defensible.

Do not stack multiple fees aggressively. One reasonable fee per reminder, applied under clear terms, is the defensible approach.

Consider whether the fee is worth the goodwill it may cost. For a long-term client, waiving a small fee can be cheaper than losing the relationship.

Review your fee periodically to keep it in line with what courts accept. A fee that was reasonable years ago may now look excessive.

• Cover real reminder costs.
• One reasonable fee per reminder.
• Weigh the goodwill cost.
• Review the amount periodically.

Setting expectations early

State your dunning fee in your general terms and on the first reminder. A fee that was communicated in advance is far harder for a customer to dispute later.

Put the fee in your written terms before the work begins, so it forms part of the agreement rather than a surprise added later.

Mention the fee on the first reminder itself. This both informs the debtor and adds urgency to the request for payment.