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Mugav: debt and continuing late-payment interest awarded by default

Viru Maakohus · First instance

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

Mugav: debt and continuing late-payment interest awarded by default

Judgment · Viru Maakohus · First instance

KÜ Mugav · 80274250

Entry into force has not been reverified

Participants and roles: Claimant – KÜ Mugav; Defendant – owner XX; Association’s contractual representative XX

Editorial summary

The owner did not respond to the personally served claim; the court awarded the debt, late-payment interest and costs by default.

The dispute and the court’s decision

The court granted the claim by the apartment association Mugav (now – Narva linn, V. Gerassimovi tn 22 korteriühistu) against owner XX by default. It awarded arrears, accrued late-payment interest and continuing late-payment interest of 0,07% per day on the unpaid principal until full payment. Litigation costs of 288 euros* were awarded. The association alleged that, as an owner and association member, the defendant had to pay building maintenance and utility charges but did so irregularly and incompletely. It sought those sums, further late-payment interest and costs. The claim and the ruling accepting it were served personally on the defendant against signature on 22 December 2016. The court allowed 14 days to respond and warned of the possibility of a default judgment. The defendant did not respond in time. The court applied the default judgment rules and granted the claim. The court considered the requested costs justified and imposed them on the defendant. The judgment was declared immediately enforceable. It does not confirm actual payment of the awarded sums.

Outcome of this decision

Award the association the debt, accrued late-payment interest, continuing late-payment interest of 0,07% per day on unpaid principal until payment and 288 euros* in costs against XX. The judgment is immediately enforceable.