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Federal Court of Justice provides legal certainty:
Collection costs are compensable damage caused by default
On February 19, 2025, the Federal Court of Justice (BGH) in Karlsruhe put an end to a legal uncertainty with a ruling that is welcome in its clarity: The court ruled that debt collection costs can be claimed as recoverable default damages – regardless of the internal remuneration structure between the creditor and service provider.
Particularly noteworthy: The BGH thus overturned a decision by the Hamburg Higher Regional Court (OLG) from 2023, which had previously caused considerable uncertainty.
atriga, a pioneer in customer-friendly, transparent and digital receivables management, followed this legal dispute closely and pointed out at an early stage that the reasoning of the lower court was not compatible with the principles of German tort law.
The central question in the proceedings was whether a debtor is liable for collection costs if there is economic proximity between the creditor and the debt collection service provider or if alternative remuneration models are used (in the form of the assignment of the creditor’s claim for damages to the debt collection service provider in lieu of performance in the event of non-payment by the debtor). The lower court had denied this and argued that no “real” costs arise in such cases of assignment of the claim in lieu of performance. The BGH disagreed with this view and clarified that only the debtor’s default in payment justifies the obligation to reimburse. This provides companies with a binding basis on which they can rely when collecting outstanding claims.
“The ruling of the BGH represents a significant milestone for the debt collection industry and its clients,” explains Steffen Himer, in-house lawyer at atriga. “It confirms with gratifying clarity that debt collection costs are recoverable as compensable damage caused by delay, irrespective of remuneration models or group links.”
atriga in-house lawyer Steffen Himer: “With atriga as a partner, clients benefit from a legally compliant, customer-friendly and efficient solution for their receivables management.”
A judgment with a signal effect
The BGH’s decision has far-reaching consequences that extend beyond the debt collection industry: it strengthens companies that rely on specialized service providers to manage their receivables. “The assessment of atriga, whose legal department has carefully observed the course of the proceedings, is confirmed by the BGH,” says Himer. “Our clients can rely on atriga to closely monitor both case law and legislation – not least to ensure transparent and legally robust enforcement of claims.”
Especially in a constantly changing regulatory environment, it is essential for companies to be informed about legal developments at an early stage. atriga has been supporting its clients in this respect for years with the atrigaRATGEBER, which specifically address legal changes and offer practical recommendations for action.
Operational excellence in receivables management
The basis for forward-looking receivables management is a well-founded strategy that not only ensures the highest possible efficiency and legal security, but also takes the customer relationship into account. atriga relies on data-driven decision-making processes (AI/ML) that make it possible to identify payment defaults at an early stage and initiate individually adapted measures. This includes highly personalized communication at individual case level, supported by atrigaGenAI voice and chatbots, which, among other things, agree on final instalment payments with defaulting customers. “With atriga as a partner, clients benefit from a legally compliant, customer-friendly and efficient receivables management solution,” emphasizes Himer.
Outlook: What does the ruling mean in practice?
The reasons for the ruling, which are still pending, will contain further clarifications, in particular on the differentiation between various remuneration models and their eligibility for reimbursement. atriga will analyze the publication in detail and inform its clients of the possible implications.
However, one thing is already clear: With its ruling, the BGH has confirmed beyond doubt that debt collection costs can be reimbursed, thus encouraging companies to commission highly specialized service providers such as atriga with debt collection, who offer their customers not only efficiency but also a reliable legal basis. A decisive factor in an increasingly complex market environment.
The press release of the Federal Court of Justice No. 036/2025 of February 19, 2025 on the ruling of February 19, 2025 – VIII ZR 138/23 can be found here [in german]
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