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Puškini 45: debt awarded by default judgment

Viru Maakohus · First instance

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

Puškini 45: debt awarded by default judgment

Judgment · Viru Maakohus · First instance

Korteriühistu Puškini 45 · 80197258

Entry into force has not been reverified

Participants and roles: Claimant – Korteriühistu Puškini 45; Defendant – owner XX

How it started · editorial summary

The court granted the claim by default after no response within the time limit.

The dispute and the court’s decision

Korteriühistu Puškini 45 brought a claim against owner XX for management expense arrears and late-payment interest. Documents were served through a representative, and the court set a written response deadline and warned of a possible default judgment. The defendant neither responded nor objected in time. The association asked for a default decision. Viru Maakohus granted the claim. Under this procedure, the claimant’s factual allegations are deemed admitted because no timely response was made; the court also checks whether they legally support the demand. This is a procedural feature of a default judgment, rather than an account of the defendant’s position in the dispute. XX was ordered to pay principal and accrued late-payment interest. Continuing late-payment interest of 0,07% per day was awarded on principal until performance. The court also awarded 1 334,20 euros in litigation costs and statutory late-payment interest on their unpaid amount from finality until payment. The judgment was declared immediately enforceable without security. The defendant was informed of the right to apply to the county court to set aside the default judgment and reopen proceedings. As the judgment was to be served by public notice, the deadline is linked to when the defendant learned of the judgment or enforcement proceedings under it. This judgment does not confirm actual recovery of the sums.

Outcome of this decision

Award debt, accrued late-payment interest and 1 334,20 euros in costs against XX, plus continuing late-payment interest on the debt and costs. The default judgment is immediately enforceable without security.
Translation of an anonymised, abridged excerpt from Estonian
1. Grant the claim by default judgment.