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Gerassimovi 4: different shares of debt and interest awarded against two defendants by default

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayObligations of multiple owners

Gerassimovi 4: different shares of debt and interest awarded against two defendants by default

Judgment · Viru Maakohus · First instance

Korteriühistu Gerassimovi 4 Narva · 80170236

Entry into force has not been reverified

Participants and roles: Claimant — Korteriühistu Gerassimovi 4 Narva; Defendants — two co-owners XX

How it started · editorial summary

Each defendant was assigned separate debt, interest and costs amounts; no joint and several recovery of the entire amount from either was ordered.

The dispute and the court’s decision

The court granted the apartment association Gerassimovi 4 Narva’s claim against two co-owners XX by default. Separate principal and accrued interest amounts were set for each according to ownership shares; further interest of 0,07% per day was awarded on each unpaid principal until payment. One defendant received the documents against signature; the other received them by placement in a mailbox. They were allowed 14 days to respond with a warning of a default judgment, but neither responded in time. The monetary obligations and state fee were assigned separately to each defendant, rather than jointly and severally. The text contains no detailed examination of individual charges. The judgment is immediately enforceable but does not confirm actual receipt of money.

Outcome of this decision

Award principal, accrued interest and a fee separately against each defendant XX. Further interest of 0,07% per day runs on the corresponding unpaid principal until payment. No joint and several recovery of the entire amount from either defendant was ordered. The judgment is immediately enforceable.
Translation of an anonymised, abridged excerpt from Estonian
6. The judgment is immediately enforceable.