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Instalments and payments exceeding current bills

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsInstalments and payment schedulesPayment accounting and set-offLate-payment interest and consequences of delay

Instalments and payments exceeding current bills

Court order · Viru Maakohus · First instance

Narva linn, Kosmonaudi tn 3 korteriühistu · 80162834

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Kosmonaudi tn 3 korteriühistu; person concerned XX — debtor

How it started · editorial summary

XX and the association agreed on instalments with priority for current bills.

The dispute and the court’s decision

The court approved a settlement between Narva linn, Kosmonaudi tn 3 korteriühistu and owner XX covering acknowledged utility and management-charge debt and late-payment interest, and terminated proceedings. Costs are 208 euros: a 25-euro state fee and 183 euros in legal costs. The association waived other claims. Twenty months of varying instalments and early payment were agreed. Current undisputed bills must be paid separately; only the excess counts towards the settlement. Any full or partial delay in an instalment permits enforcement of the whole unpaid balance. Performance extinguishes mutual claims in this case. Other costs remain with each participant. The appeal period was reduced to two days after service. Performance is not established.

Outcome of this decision

Settlement approved and proceedings terminated; only amounts exceeding current bills go towards the existing debt.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case no. 2-24-147402.