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Joala 11: case terminated after debt payment, only the state fee awarded

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claims

Joala 11: case terminated after debt payment, only the state fee awarded

Ruling · Viru Maakohus · First instance

Narva linn, Joala tn 11 korteriühistu · 80189885

Entry into force has not been reverified

Participants and roles: Claimant — Narva linn, Joala tn 11 korteriühistu; Defendant — XX

Editorial summary

After debt payment, the association waived its claim; in the same ruling, the court awarded a 200 euro fee and refused 75 euros in legal costs.

The dispute and the court’s decision

The court accepted Narva linn, Joala tn 11 korteriühistu’s waiver of its claim against XX and terminated the case. A 200 euro fee was awarded against the defendant; reimbursement of 75 euros in legal costs was refused. The association initially sought a payment order for debt. After the defendant objected, the case was transferred to ordinary claim proceedings. The association sought debt and alleged that the owner had not paid service and utility charges. The association later reported that the defendant paid the debt in full after it applied to court. It therefore waived the claim but requested 275 euros in costs. The defendant submitted no written objections to the waiver or costs. The court accepted the waiver and allocated costs to the defendant because the claim was satisfied after filing. Of the costs sought, it accepted the 200 euro fee as reimbursable. It did not award 75 euros in legal costs: a board member represented the association and it had no contractual representative. The court also explained that following such termination the same claim against the same defendant on the same grounds cannot be brought again. The act does not confirm payment of the awarded costs.

Outcome of this decision

Accept waiver and terminate proceedings. Award the association a 200 euro fee against XX; do not award 75 euros in legal costs.