Reminder Fees in Denmark: The Rules
At most DKK 100 per reminder, at most 3 reminders and at least 10 days apart. The Danish Interest Act's rules on reminder fees and the collection fee, and when a fee cannot be charged.
info General information, not legal advice. Rules and rates can change, so always check the current rules and get advice on your specific case. Disclaimer
Short answer
A creditor can charge a reminder fee of at most DKK 100 per reminder, for at most 3 reminders about the same payment, and only for reminders sent at least 10 days apart (section 9 b of the Interest Act). The right comes directly from the Act, so the fee does not have to be agreed in advance, but the reminder must be sent with reasonable cause.
What does the law say?
The rules are in section 9 b of the Interest Act (renteloven). Under subsection 1, the creditor can charge a fee for reminder letters if the letter was sent with reasonable cause. Subsection 2 sets the amount and the number: at most DKK 100 for each reminder, for at most 3 reminders about the same payment, and only for reminders sent at least 10 days apart. Subsection 3 also allows a collection fee of at most DKK 100.
The Act says the creditor "can charge". So the creditor does not need to have agreed the reminder fee with the customer in advance. This differs from Sweden, for example, where a reminder fee can only be charged if it was agreed.
Three reminders, at least 10 days apart
The limit of 3 applies per payment, typically per invoice. You may send more reminders, but you can charge a fee for at most 3 of them. If the debtor is continuously in arrears in the same customer relationship over a continuous period, a fee can be charged for at most 3 reminders about the arrears in that period, so you cannot get round the cap by chasing each month separately.
There must be at least 10 days between the reminders you charge for. A reminder sent 5 days after the previous one cannot carry a fee.
Set the dates in your accounting program
Most mistakes are about intervals that are too short or too many fees. Set your automatic reminders to at most DKK 100, at most 3 reminders with a fee and at least 10 days apart, so you do not charge fees the customer does not have to pay.
When is there reasonable cause?
The Act does not define reasonable cause. Forbrug.dk gives as examples that it is not reasonable to send a reminder with a fee if the case is before a complaints board, if the consumer has raised reasonable objections to the claim, or if the consumer has refused to pay. If the customer has disputed the claim, deal with the objection instead of sending more reminders with fees.
Read more about what to do when the customer disputes the debt.
The DKK 100 collection fee
Under section 9 b(1) and (3), the creditor can charge a collection fee of at most DKK 100 for asking someone else, such as a debt collection agency or a lawyer, to collect the claim, if this was done with reasonable cause. This is separate from the collection costs the agency can charge for the recovery itself, which have their own caps depending on the size of the claim.
Can different terms be agreed?
With consumers, the rules in section 9 b cannot be departed from by agreement to the debtor's detriment. Between businesses they can to some extent be departed from by agreement, trade usage or custom, but only within the limits of section 9 a. A higher reminder fee in your terms of sale for private customers therefore has no effect.
The reminder fee and the other amounts
Besides the reminder fee there may be late-payment interest (the reference rate plus 8 percentage points a year), fixed compensation of DKK 310, which can only be claimed from businesses and public authorities, and collection costs if the case goes to debt collection after a correct debt collection notice. See all the amounts in our guide to debt collection costs.
Show the fee in the reminder
List the fee, the principal and any interest separately in the reminder. The customer can then see how the amount is made up, and you avoid the whole claim being disputed because of an unclear fee.
Frequently asked questions
Does the reminder fee have to be agreed in advance?
No. The right to a reminder fee comes from section 9 b of the Interest Act. The reminder must, however, be sent with reasonable cause.
May I charge a fee for a fourth reminder?
No. A fee can be charged for at most 3 reminders about the same payment. You may send more reminders, but without a fee.
Do the rules also apply when the customer is a business?
Yes, section 9 b applies to both consumers and businesses. Between businesses the rules can to some extent be departed from by agreement, while with consumers they cannot be departed from to the debtor's detriment.
Getting started
Use our reminder letter templates or the reminder generator, which keeps track of the fee caps. Through InkassoHurtig you can get no-obligation quotes from police-authorised debt collection agencies and lawyers. This content is general information and not legal advice.