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Kreenholmi tn 44: debt and costs awarded by default after service of the claim by public notice

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claims

Kreenholmi tn 44: debt and costs awarded by default after service of the claim by public notice

Judgment · Viru Maakohus · First instance

Narva linn, Kreenholmi tn 44 korteriühistu · 80158672

Entry into force has not been reverified

Participants and roles: claimant – apartment association; defendant XX – owner; association representative XX

Editorial summary

The association obtained a default award of debt and litigation costs after no response to the claim served by public notice.

The dispute and the court’s decision

The court awarded Narva linn, Kreenholmi tn 44 korteriühistu building maintenance arrears and 325 euros in costs against owner XX by default. The defendant did not respond after service of the claim by public notice. The association sought payment of building maintenance charges. The court accepted the claim and stated that the papers were served through Ametlikud Teadaanded. The defendant was allowed 28 days to respond and warned of a possible default judgment, but no response arrived within that time. The court applied the default rules and granted the claim. Of the costs awarded, 175 euros was the court fee and 150 euros representative’s services. The text contains no detailed assessment of every charge. The judgment is immediately enforceable. The court also ordered service of it by public notice because no place for service or authorised recipient was known. The judgment provides that service is deemed completed 15 days after publication of the excerpt. This text establishes neither the actual publication date nor payment of the award.

Outcome of this decision

Grant the claim by default. Award the association debt and 325 euros in costs against XX: a 175-euro court fee and 150 euros for representative’s services. Make the judgment immediately enforceable and serve it by public notice; deem service completed 15 days after publication of the excerpt.