Kangelaste 34: joint and several award and notarial costs
KÜ Kangelaste 34 · 80170621
Participants and roles: claimant — KÜ Kangelaste 34; two defendants — co-owners XX
How it started · editorial summary
The default award includes notarial costs and joint and several liability of two co-owners.
The dispute and the court’s decision
KÜ Kangelaste 34 (now — Narva linn, Kangelaste prospekt 34 korteriühistu). KÜ Kangelaste 34 sought management charges, late-payment interest and reimbursement of notarial costs incurred to formalise the rights of two co-owners XX. Both received the claim documents against signature but did not respond. The court allowed the claim by default, treating the association’s factual allegations as admitted in that procedure and the claim as legally justified.
Debt, accrued late-payment interest, notarial costs and litigation costs of 545 euros were awarded jointly and severally. The association may seek performance from any debtor without recovering the same debt repeatedly. Further late-payment interest of 0.07% per day was awarded on the principal from 1 May 2016 until payment. The judgment is immediately enforceable without security; actual performance was not established.
Outcome of this decision
The claim was allowed by default; debt, late-payment interest and costs were awarded jointly and severally against two co-owners.
Translation of an anonymised, abridged excerpt from Estonian
5. The default judgment is immediately enforceable (TsMS § 467(1), § 468(1)(2)).