Narv-Keskring: partial payment and interruption of limitation

A three-year period applied, but the court held that partial payments interrupted it.

KÜ Narv-Keskring (now — Narva linn, P. Kerese tn 2 korteriühistu). KÜ Narv-Keskring claimed management charges from owner XX. Following partial payment during proceedings, the claim was reduced to the unpaid balance. The defendant pleaded limitation in respect of that balance. The court agreed that periodic obligations were subject to a three-year period rather than the ten years proposed by the association. However, the undisputed payment table showed regular partial payments, which the court treated as acknowledgment interrupting limitation. It held the claim timely and awarded the balance and state fee. The objection was examined on its merits, rather than by default. The judgment records earlier partial payment but not performance of the new award.

The limitation defence was rejected because partial payment acknowledged the claim; the balance was awarded.