Tallinna mnt 21: debt claim dismissed because the calculation was unclear and included earlier awards

The association did not prove a new debt balance: its calculation included earlier awards and did not properly account for payments received.

KÜ Tallinna mnt 21 Narva claimed a debt from XX. During the proceedings it revised the principal claim and withdrew its entire late-payment interest claim. XX argued that current payments had been made and that the new calculation repeated sums and costs already awarded in another case and subject to enforcement. The court dismissed the claim in full. It found that the calculation did include sums from the earlier case while enforcement of that award was taking place. An already adjudicated claim could not be decided again in these proceedings. Despite an opportunity to clarify the claim, the association did not isolate and substantiate a specific new debt with proper supporting documents. An account statement also confirmed substantial payments during the disputed period. The association acknowledged regular receipts but had not kept track of their total. The evidence did not establish the existence and amount of the claimed balance unambiguously. This judgment neither sets aside the earlier award nor declares that all future obligations to the association are absent. The association bears all proceedings costs, without an amount being fixed. No late-payment interest was awarded after the association withdrew that part of its claim.

The debt claim was dismissed for lack of a specific, substantiated calculation. The association withdrew the interest claim and bears all costs. The earlier award was not set aside.