Rakvere 34: debt claim not admitted after payment-order proceedings

After transfer from payment-order proceedings, the association did not meet the requirements for a claim and an additional state fee.

KORTERIÜHISTU RAKVERE 34 NARVA (now — Narva linn, Rakvere tn 34 korteriühistu) claimed debt and late-payment interest from XX. Pärnu Maakohus ended expedited payment-order proceedings and transferred the claim to Viru Maakohus for civil proceedings. The court required a proper claim with grounds and evidence, and an additional state fee, within 14 days. After service of the order, the association submitted no claim in the required form and paid no supplement. The court found the payment-order application in the information system insufficient: supporting documents were not attached. The claim value included principal, accrued late-payment interest and future late-payment interest. The court stated a 200-euro state fee, 45 euros already paid and 155 euros outstanding; the additional-payment requirement was not met. The court refused admission to civil proceedings and imposed the costs on the association. The application is treated as not filed; this order neither examined the debt on its merits nor awarded it. An interlocutory appeal lies to Tartu Ringkonnakohus through Viru Maakohus within 15 days after service, no later than five months after the order. The result of any further appeal is unknown.

The association’s application was not admitted to civil proceedings because no proper claim or supplementary state fee was submitted. The association bears the costs. Refusal of admission does not establish that no debt existed.