Kangelaste 18a: debt claim refused admission because a deceased person was named as defendant

The claim was brought against a deceased person; the court refused to accept it for proceedings without deciding the debt on its merits.

The court refused to accept for proceedings the claim by KÜ Narva linn, Kangelaste prospekt 18a to recover a debt from XX. On examining the application, the court established from the population register that the named defendant had died. The association went to court on 17 September 2018. The court explained that an individual’s capacity to have civil rights and obligations ends at death, so the claim against this defendant could not achieve the result sought. That was the reason for refusing acceptance. The court also explained the association’s right to request a refund of the court fee paid separately. The operative part specifies neither the fee amount nor a refund. The existence and amount of debt were not examined on their merits. This ruling did not determine the liability of other persons, including through inheritance.

Refuse to accept the debt claim for proceedings. Explain the association’s right to make a separate application for a court fee refund.