Debt paid before suit: withdrawal and default judgment set aside

Narva linn, P. Kerese tn 2 korteriühistu, named in the source as KÜ Narv-Keskring, sued Agarte OÜ for debt and interest on 3 October 2012. After the default judgment of 13 December 2012, the association reported that the company had already paid on 24 September: its accounting service had not informed the board in time. It withdrew before the default judgment entered into force. The court accepted withdrawal, terminated proceedings and set aside the default judgment. The company’s application to reopen the case was left unexamined because, following the withdrawal, it no longer sought a ruling on that application. This did not establish an unpaid debt. Of the company’s claimed costs of 249 euros, the association was ordered to reimburse 83 euros for reviewing the materials and responding to withdrawal. Costs of the reopening application and related defence remained with the company; the association bears its own costs. Refunds were ordered of a 150-euro fee to the association and a 175-euro application security deposit to the company. An order of 2 April 2013 corrected only the mistaken year in this decision’s heading: the correct date is 5 March 2013. All other content remained unchanged. Actual reimbursement and entry into force have not been reverified.