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Puškini 22: default award of debt and interest, legal costs refused

Viru Maakohus · First instance

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

Puškini 22: default award of debt and interest, legal costs refused

Judgment · Viru Maakohus · First instance

Narva linn, Aleksander Puškini tn 22 korteriühistu · 80189336

Entry into force has not been reverified

Participants and roles: Claimant — Narva linn, Aleksander Puškini tn 22 korteriühistu; Defendant — owner XX

How it started · editorial summary

The defendant did not respond after public service of the claim; the court awarded debt, interest and the fee by default.

The dispute and the court’s decision

The court granted Narva linn, Aleksander Puškini tn 22 korteriühistu’s debt and interest claim against XX by default. The claim documents were served publicly through Ametlikud Teadaanded, with 14 days to respond and a warning of default judgment. No response arrived; the court treated the claimant’s facts as procedurally admitted. Principal and accrued interest were awarded. The court divided further interest on unpaid principal according to the periods of the rules applied: 0,07% per day from 1 October to 31 December 2017, and from 1 January 2018 until payment, the statutory annual rate of the ECB’s main refinancing operations, determined for each half-year, plus 8 percentage points. The association was awarded a 125 euro fee. Legal costs of 60 euros were refused: it acted through a statutory representative and had no contractual representative in the proceedings. The judgment is immediately enforceable but does not confirm actual payment.

Outcome of this decision

Grant the claim by default. Award further interest on unpaid principal at 0,07% per day from 1 October to 31 December 2017, and from 1 January 2018 at the statutory annual ECB rate stated in the act plus 8 percentage points. Award a 125 euro fee; refuse 60 euros in legal costs. The judgment is immediately enforceable.
Translation of an anonymised, abridged excerpt from Estonian
8. The judgment is immediately enforceable.