Creditor's SCHUFA enquiry: no damage for default

Two decisions of the BGH (Federal Court of Justice) of 11 June 2026 – VII ZR 93/25 and VII ZR 96/25 concerned entirely everyday cases: a waste disposal company had outstanding invoices of EUR 39.27 and EUR 79.98. Before it brought an action, a debt collection service provider (Inkasso) obtained SCHUFA reports on the debtors on its behalf and additionally demanded reimbursement of the costs of EUR 1.35 and EUR 1.61.

The BGH refused reimbursement of the costs. Expenses for pursuing legal claims are only recoverable damage for default (Verzugsschaden) under §§ 280(1) and (2), 286 BGB (German Civil Code) if they are necessary to safeguard and enforce the claim. The standard is the perspective of a reasonable, economically minded person. A credit report before bringing an action is, in principle, not necessary for this, because it only says something about the prospects of success of enforcement, not about the question of whether the claim can be asserted in court.

For consumers, this means: check reminder letters and debt collection letters line by line. According to this decision, as a rule you do not have to pay items such as a credit report, a SCHUFA enquiry or similar expenses. The underlying principal claim remains unaffected by this if it is justified.

Also bear in mind that debt collection fees have been capped by law since the reform of 1 October 2021. Anyone who cannot comprehend how a claim is made up may, and should, request a comprehensible breakdown.

Affected by a SCHUFA entry? Take the SCHUFA check and instruct me directly.