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Tallinna 17: joint and several recovery from two defendants

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claims

Tallinna 17: joint and several recovery from two defendants

Judgment · Viru Maakohus · First instance

KÜ Tallinna 17 · 80170377

Entry into force has not been reverified

Participants and roles: Claimant — KÜ Tallinna 17; Two defendants, joint and several debtors — XX

Editorial summary

The default judgment established joint and several liability of two defendants for the debt and procedural costs.

The dispute and the court’s decision

KÜ Tallinna 17 (now — Narva linn, Tallinna mnt 17 korteriühistu) brought a debt claim against two persons XX. After service of the claim, the court entered a default judgment for failure to respond, without a descriptive section or reasoning. The act does not disclose the composition of the charges or potential objections. The claim was granted in full: the debt was awarded against both defendants jointly and severally. This is one obligation, not a separate full debt owed by each. Procedural costs were also imposed jointly and severally; the association was awarded 391 euros in costs. Separately, it is to receive a refund of 25 euros in overpaid state fees. The judgment is immediately enforceable, but receipt of money is not established. The defendants were informed of reopening by kaja within 30 days after service or, for public service, after learning of the judgment or enforcement. The claimant was informed of an appeal to Tartu Ringkonnakohus within 30 days after service, no later than five months after public announcement.

Outcome of this decision

The claim was granted in full by default: debt and 391 euros in costs were awarded against two persons XX jointly and severally. Refund 25 euros in overpaid state fees to the association. The judgment is immediately enforceable; subsequent performance is not established.