Kreenholmi 12: claim refused admission because association did not clarify from whom it sought the debt

Different defendants were named in the debt claim; the required clarifications were not received.

The court refused to accept the claim for proceedings by Narva Linn, Kreenholmi 12 korteriühistu: the documents named different persons, and the association did not clear up that ambiguity in the time allowed. The defendant details and account of the circumstances referred to one person, but the relief sought requested debt recovery from another. The association did not explain why the second person should pay or supply sufficient identifying information for that person. On 19 September 2018, the court required defects to be remedied and allowed 14 days from service of the ruling for correction. The representative received it on 5 October; the defects were not remedied by 19 October. Other defects in the account of the claim’s circumstances also remained uncorrected. The court therefore refused to accept the claim for proceedings and explained return of the application and attachments. The ruling determines whether the filed documents were suitable to start the case. The amount of debt and any particular person’s obligation to pay were not established on their merits.

Refuse to accept the claim for proceedings because defects concerning the defendant’s identity and circumstances of the demand were not remedied.