Debt acknowledgment from a collection agency: why you should not sign hastily

Collection agencies like to present a debt acknowledgment or an installment plan to sign. Careful: with your signature you acknowledge the claim, this can make an already time-barred claim enforceable again and restart the limitation period. So do not sign without checking.

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Your chances of getting your money back

A debt acknowledgment or an installment payment restarts the limitation period (§ 212 BGB). A claim that is actually time-barred or unjustified can thereby become enforceable again. Do not sign anything you have not checked.

You are not obliged to give an acknowledgment. First check whether the claim is justified at all and not time-barred. An unjustified claim you can simply dispute.

What you should do now

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1. Check the claim
Does the claim exist as to its grounds and amount? Is it perhaps time-barred? First clarify, then react.
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2. Do not sign hastily
Do not sign a debt acknowledgment or installment plan before the justification is clarified.
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3. Dispute or negotiate
If the claim is unjustified/time-barred, dispute it in writing. If it is justified, you can specifically negotiate an installment plan.
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4. Check the fees
Review the collection costs, you do not have to accept excessive fees.

How to spot the scam

You are supposed to sign an acknowledgment for an old, possibly time-barred claim.
Time pressure is created ('valid only today').
The claim or the collection costs are not comprehensible.

Frequently asked questions

What happens if I sign a debt acknowledgment?

You acknowledge the claim. This restarts the limitation period (§ 212 BGB) and can make an otherwise time-barred or unjustified claim enforceable again. That is why you should only sign after checking and for a justified claim.

Do I have to give an acknowledgment?

No. You are not obliged to sign a debt acknowledgment or an installment plan. First check whether the claim is justified and not time-barred. An unjustified claim you can dispute.

Can an installment payment also be dangerous?

Yes. A partial payment or an installment agreement also counts as an acknowledgment and restarts the limitation period. With a possibly time-barred claim you should therefore neither pay nor agree to an installment before the situation is clarified.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.