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Instalments and allocation of insufficient payments

Viru Maakohus Narva kohtumaja · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedulesPayment accounting and set-off

Instalments and allocation of insufficient payments

Court order · Viru Maakohus Narva kohtumaja · First instance

Narva linn, Tallinna mnt 21 korteriühistu · 80228958

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Tallinna mnt 21 korteriühistu; two persons concerned XX — joint and several debtors

How it started · editorial summary

Two persons XX agreed on instalments and payment allocation.

The dispute and the court’s decision

The court approved a settlement between Narva linn, Tallinna mnt 21 korteriühistu and two persons XX for joint and several payment of utility and management charges, interest and costs. The unpaid balance may be claimed from either debtor without double recovery. Proceedings were terminated. Ten equal monthly instalments are due by the last day of each month. The association reported that the first two had been paid; this does not establish full performance. Current bills must be paid separately. If a payment cannot cover both the instalment and the current bill, it is allocated to the settlement. An instalment overdue by more than 15 days permits immediate enforcement of the unpaid balance. Other costs remain with each participant. The participants excluded an appeal.

Outcome of this decision

Approve joint and several instalments and terminate proceedings; insufficient payments go towards the settlement, and a delay over 15 days permits recovery of the balance.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case no. 2-24-142703.