Linda 1: settlement after a default judgment was set aside

The settlement replaced the default judgment: the court set it aside, approved instalments and terminated proceedings.

KÜ Linda 1 (now — Narva linn, Linda tn 1 korteriühistu) claimed debt and late-payment interest from XX. After the claim was granted by default on 04.11.2014, the participants submitted a settlement. The court approved it, set aside the earlier default judgment in full and terminated proceedings. The judgment was set aside because of the settlement, not because no debt was found to exist. XX acknowledged the debt and agreed to reimburse 395 euros in the association’s costs. Monthly payments over 12 months and early repayment are provided for. The association waived further late-payment interest if the agreement is complied with. Current invoices are payable separately. A late instalment makes the entire 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 dealt with in this case. Costs were allocated and fixed by agreement. The association is to receive a refund of 125 euros, half the state fee. By agreement, the interlocutory appeal period was shortened to 2 days after service, with an outer limit of five months after the order. The act does not establish performance of the schedule or receipt of the refund.

The settlement was approved, the default judgment of 04.11.2014 set aside and proceedings terminated. Debt and agreed costs are payable by instalments; delay allows full recovery with late-payment interest of 0.1% per day. Refund 125 euros in state fees to the association.