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Pähklimäe 7/11: debt, continuing late-payment interest and partial refusal of costs

Viru Maakohus · First instance

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

Pähklimäe 7/11: debt, continuing late-payment interest and partial refusal of costs

Judgment · Viru Maakohus · First instance

KÜ Pähklimäe 7/11 · 80183693

Entry into force has not been reverified

Participants and roles: Claimant — KÜ Pähklimäe 7/11; Defendant — XX

Editorial summary

Debt and continuing late-payment interest were awarded; recovery of 45 euros in legal fees was refused.

The dispute and the court’s decision

KÜ Pähklimäe 7/11 (now — Narva linn, Pähklimäe tn 7 korteriühistu) brought a debt claim against XX. After service of the claim, no response arrived on time. The court entered judgment by default without a descriptive section or reasoning. Principal, accrued late-payment interest and further late-payment interest of 0.07% per day on principal from 01.03.2016 until full payment were awarded. All procedural costs were imposed on XX; reimbursable costs were fixed at 250 euros and awarded to the association. The court refused an additional 45 euros in legal fees. The provided act does not explain that refusal. The judgment is immediately enforceable without security. The defendant was informed of kaja within 30 days after service or, for public service, after learning of the judgment or enforcement proceedings. The claimant was informed of an appeal to Tartu Ringkonnakohus within 30 days after service, no later than five months after public announcement. The act separately explains that the amount of costs may be challenged where the contested amount exceeds 200 euros. Actual performance or subsequent review is not established.

Outcome of this decision

Principal, accrued late-payment interest, further late-payment interest of 0.07% per day on principal from 01.03.2016 until payment and 250 euros in costs were awarded by default. Recovery of 45 euros in legal fees was refused. The judgment is immediately enforceable without security.