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Grafovi 7,9: debt awarded but legal fees refused

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claims

Grafovi 7,9: debt awarded but legal fees refused

Judgment · Viru Maakohus · First instance

KÜ GRAFOVI-7,9 · 80180772

Entry into force has not been reverified

Participants and roles: Claimant — KÜ GRAFOVI-7,9; Defendant — XX

Editorial summary

The court granted the association’s debt claim but did not award the requested legal fees.

The dispute and the court’s decision

KÜ GRAFOVI-7,9 (now — Narva linn, Madise tn 7, Madise tn 9 korteriühistu) brought a debt claim against XX. After service of the documents, the court entered judgment by default for failure to respond, without a descriptive section or reasoning. The act does not disclose the services involved or substantive objections to the charges. The debt claim was granted. Procedural costs were imposed on XX, and the association was awarded its paid state fee of 200 euros. However, the court refused recovery of 80 euros in legal fees. The provided text does not explain that refusal. Granting the debt claim therefore did not mean granting all requested costs. The judgment is immediately enforceable without security. The defendant was informed of reopening by kaja within 30 days after service or, for public service, after learning of the judgment or enforcement. The claimant was informed of an appeal to Tartu Ringkonnakohus within 30 days after service, no later than five months after public announcement. Actual enforcement or subsequent review is not established.

Outcome of this decision

The debt was awarded by default, with a 200-euro state fee; recovery of 80 euros in legal fees was refused. The judgment is immediately enforceable without security. Receipt of money is not established.