Contested claim refused admission after payment-order proceedings
Editorial summary
The court refused to admit the contested 2385.94-kroon claim: the association had not remedied its pleading, supplied the required materials or paid the additional fee.
Narva linn, A. Puškini tn 45a korteriühistu · 80250416
Participants and roles
- Applicant — Narva linn, A. Puškini tn 45a korteriühistu
- Debtor — individual XX
The dispute and the court’s decision
Narva linn, A. Puškini tn 45a korteriühistu, named in the source as Puškini 45A Korteriühistu, sought a payment order against individual XX for 9045.94 kroons. The debtor admitted 6660 kroons and disputed 2385.94 kroons. On 8 December 2009 Pärnu Maakohus transferred the contested part to Viru Maakohus for claim proceedings. This source does not give the earlier Pärnu case number.
On 17 December the association was directed to submit a properly reasoned claim, evidence and an additional court fee. Notice was served on 28 December and the deadline expired on 11 January 2010. The court’s requirements were not met.
On 19 January 2010 the court refused admission of the 2385.94-kroon application and allocated costs to the applicant. This was a procedural refusal for unremedied defects, rather than a finding that no debt existed. The substantive basis of debt and subsequent appeals are not established by the decision.
Outcome of this decision
The 2385.94-kroon application was refused admission for unremedied defects; the association bears costs. The merits of the debt were not decided.