Invoice without order: How to defend yourself against fake claims

Last updated: May 2026
Reading time: approx. 5 minutes

Legal Notice: This article is for general information purposes only and does not replace individual legal advice. For your specific case, we recommend consultation with a specialist lawyer for civil law or consumer protection.

Invoice without order: How to defend yourself against fake claims

It is a moment of shock when opening the mail: A request for payment for a product or service that you never commissioned. An invoice without an order is a common tactic used by dubious providers or fraudsters to put consumers under pressure. But the good news is: in such cases, the law is clearly on your side.

The Legal Situation: Unordered Services (§ 241a BGB)

The most important protective wall against such claims is § 241a BGB (German Civil Code).

A claim against a consumer is not established by the delivery of unordered goods or by the provision of unordered other services by an entrepreneur to a consumer.
This means in plain language: If you receive something that you never ordered, you do not have to pay the invoice, nor do you have to return or keep the goods.

Exceptions to the Rule

However, there are two important exceptions where you cannot simply remain silent:

Erroneous Delivery: If the service was recognizably not intended for you (e.g., wrong address on the package).
Error regarding the Order: If the entrepreneur falsely assumed that an order existed and you could have recognized this.

In these cases, you do not have to pay for the goods, but you must make them available for collection.

How Do You Recognize a Fake Claim?

Fraudsters often use psychological tricks. Look out for these warning signals:

Missing Details: The invoice does not contain exact details about when and where the order was placed.
Means of Pressure: Threats of debt collection, SCHUFA entries, or bailiffs are made immediately to move you to rapid payment.
False Identity: Sometimes behind the claim is a case of identity theft, where fraudsters have used your data to trigger real orders in your name.

Transparency and Content Control (§ 307 BGB)

Dubious providers often try to slip you "subscriptions" through the fine print. This is where the content control according to § 307 BGB comes in:

Provisions in standard contract terms are invalid if they unreasonably disadvantage the contractual partner contrary to the requirements of good faith.
This applies in particular if the provision is not clear and understandable (transparency requirement).
Hidden cost traps in the T&Cs are generally not legally tenable according to § 307 BGB.

What Should You Do? (Recommended Action)

Do Not Pay: Do not make any payment for claims that you cannot assign. A payment could be interpreted as an acknowledgement of the debt.
Object Once: Send a short, factual letter or email explaining that no contract exists and that you fully dispute the claim.
Check Records: Check your account movements for unauthorized direct debits and have them reversed by your bank if necessary.

Help through Legal-Tech: Have Invoices Checked

Distinguishing between a justified reminder and a clever fake claim is often difficult. Jurivo (Legal Jargons) supports you in this:

Authenticity Check: The AI analyzes the document for typical features of fraudulent invoices.
Contract Scan: It checks whether the sender relies on invalid clauses according to § 307 BGB.
Immediate Relief: You find out immediately whether you even have to react according to § 241a BGB or whether the claim is legally void.

💡 Have dubious invoice checked.
Upload your document and find out if it is a justified claim or a trap.
Analyze now for free → /en/analyse

Conclusion: No Fear of Unjustified Reminders

An invoice alone does not establish a payment obligation. Stay calm and check the background. The BGB effectively protects you from being "ripped off" by unordered services.

Disclaimer: This article provides legal information based on the German Civil Code (BGB). It does not constitute legal advice. In case of massive threats or identity theft, you should always seek legal assistance.