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Tallinna mnt 46: default judgment on debt and late-payment interest

Viru Maakohus · First instance

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

Tallinna mnt 46: default judgment on debt and late-payment interest

Judgment · Viru Maakohus · First instance

KÜ TALLINNA MNT 46 · 80170555

Entry into force has not been reverified

Participants and roles: Claimant — KÜ TALLINNA MNT 46; Defendant — XX

Editorial summary

The court granted the association’s claim by default without splitting the awarded debt into principal and late-payment interest in the operative part.

The dispute and the court’s decision

KÜ TALLINNA MNT 46 (now — Narva linn, Tallinna mnt 46 korteriühistu) brought a debt and late-payment interest claim against XX. After service of the claim, the court entered judgment by default for failure to respond. There is no descriptive section or reasoning, so the basis of individual charges and the defendant’s objections are not set out. The claim was granted. The operative part awarded one debt amount without separately allocating principal and late-payment interest; the court set no new rate for the future. All procedural costs were imposed on XX. The association was awarded 472.80 euros in costs, comprising a 300-euro state fee and 172.80 euros in legal fees. The judgment is immediately enforceable, but actual performance is not established. The defendant was informed of reopening by kaja within 30 days after service, with a special public-service rule running from 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 debt and late-payment interest claim was granted by default; a debt amount and 472.80 euros in procedural costs were awarded. No additional future late-payment interest rate was set in the operative part. The judgment is immediately enforceable; receipt of money is not established.