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Linda 1: instalments over 31 months and current invoices

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules

Linda 1: instalments over 31 months and current invoices

Court order · Viru Maakohus · First instance

KÜ Linda 1 · 80180424

Entry into force has not been reverified

Participants and roles: Claimant — KÜ Linda 1; Defendant — XX

How it started · editorial summary

The approved instalments do not remove the obligation to pay current invoices and include consequences of delay.

The dispute and the court’s decision

KÜ Linda 1 (now — Narva linn, Linda tn 1 korteriühistu) claimed debt and late-payment interest from XX. The participants submitted a settlement; the court approved it and terminated proceedings without separately deciding the original claim on its merits. XX acknowledged principal and accrued late-payment interest and agreed to reimburse 373 euros in the association’s procedural costs. Monthly repayment over 31 months is provided for, with early payment allowed. The association waived further late-payment interest if the agreement is complied with. Current invoices must be paid in addition to the instalments. A late instalment makes the whole debt enforceable with late-payment interest; the rate on the amount that has become due is 0.1% per day. Performance settles the mutual claims in this case. Procedural costs were allocated and fixed by agreement. After the order becomes final, the association is to receive a refund of 100 euros, half the state fee. The participants shortened the interlocutory appeal period to 2 days after service; the act also states an outer limit of five months after the order. Actual performance of the schedule or receipt of the refund is not established.

Outcome of this decision

The instalment settlement was approved and proceedings terminated. Current invoices remain payable separately; delay allows full recovery with late-payment interest of 0.1% per day. Costs follow the agreement; refund 100 euros in state fees to the association after finality.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case no. 2-15-5025.