Kivilinna tn 18: proof of debt and costs of correcting the application
Narva linn, Kivilinna tn 18 korteriühistu · 80015336
Participants and roles: Applicant — Narva linn, Kivilinna tn 18 korteriühistu; Person concerned, owner — XX
How it started · editorial summary
After an objection in payment-order proceedings, the association amended its claim; owner XX did not respond to the amended application received.
The dispute and the court’s decision
Narva linn, Kivilinna tn 18 korteriühistu sought arrears from owner XX through payment-order proceedings. After an objection, the case went to Viru Maakohus. The court twice allowed time for the association to correct its application. The owner received the amended papers but filed no further response.
The court relied on the duty to pay under the management plan, invoices, account records and voting records setting rates. It accepted the calculation as proved and awarded the principal debt on 19 February 2025. Statutory late-payment interest on the principal runs only from the order’s entry into force until payment; the applicant specifically clarified that starting point before the ruling.
The owner was also ordered to pay 175 euros in costs: 50 euros in state fees and 125 euros for necessary preparation of the application. A further 50 euros for correcting its defects was refused as a reimbursable cost: the other participant should not bear it. The lack of a response did not remove the court’s duty to check the evidence.
Outcome of this decision
Award the principal debt, statutory late-payment interest on it from entry into force until payment, and 175 euros in litigation costs against XX.
Translation of an anonymised, abridged excerpt from Estonian
3. Determine and award against XX, in favour of Narva linn, Kivilinna tn 18 korteriühistu, the applicant’s litigation costs of 175 euros.