Association waived its claim after reporting payment: case terminated

The court accepted the apartment association Kangelaste 3’s waiver of its claim against defendant XX and ordered a refund of half the state fee, 137,50 euros.

The association brought a debt claim. Documents were sent to the defendant through competent authorities abroad, but the court had no confirmation of service; the defendant had not reported receipt either. On 2 February 2015, the claimant requested termination, explaining that the defendant had satisfied the claim after proceedings began. The court accepted the waiver of the claim, finding it compatible with the law and the public interest. In view of the claimant’s report of performance, the court did not wait for confirmation of service or ask the defendant’s views on termination. This act contains no independent determination of the amount of debt. Costs were left to the association: the claimant had not sought them from the defendant, and the defendant’s knowledge of the proceedings had not been proved. The court ordered half the 275 euro state fee paid, or 137,50 euros, refunded to the claimant. It explained that, following termination, a new claim against the same defendant with the same subject matter and grounds was not permitted.

Accept the waiver of the claim and terminate the case. Leave costs to the apartment association Kangelaste 3; refund it 137,50 euros in state fees from the budget.