Kangelaste 18: common debt and fee awarded against six defendants by default

Six defendants did not respond to the claim; the court awarded their common joint and several debt by default and decided costs separately.

The court granted the apartment association Kangelaste 18 Narva’s claim against six defendants XX by default. Debt and a 400 euro state fee were awarded against them jointly and severally. The common amount can be sought from any debtor, but the full amount cannot be collected twice. The association alleged that the defendants jointly owned an apartment and were not properly paying for building maintenance and utilities. It had not charged late-payment interest on this principal debt. The claim documents were duly served; the court allowed 14 days to respond and warned of a possible default judgment. The defendants did not respond. The court treated the association’s factual assertions as admitted under the default procedure rules and granted the claim. Reimbursement of 43 euros in legal costs was refused: the association acted through its statutory representative and had no contractual representative in the case. Interest was awarded on unpaid court costs from entry into force until payment: the European Central Bank’s main refinancing operations rate applicable for each half-year plus eight percentage points per year. This is a separate consequence of late payment of costs, not interest on utility debt. The judgment is immediately enforceable but does not confirm payment.

Award debt and a 400 euro state fee against the six defendants XX jointly and severally. Refuse 43 euros in legal costs. Unpaid costs carry interest from entry into force at the stated annual ECB rate plus eight percentage points. The judgment is immediately enforceable.