Tiimani 2: default judgment established no debt as at 1 January 2016

The owner sought a declaration of no debt; the association did not respond to the claim and the court gave a default judgment.

The court granted owner XX’s claim against the apartment association TIIMANI 2 by default and declared that, as at 1 January 2016, the claimant had no debt to the association for apartment maintenance and utilities. It did not grant the demand to require the association to recalculate charges as at a different date, 1 October 2016, as the method of performing the judgment. The claimant alleged that, after purchasing the apartment, the association had transferred the former owner’s debts to him. He said that he paid the principal in June 2016, but late-payment interest continued to accrue. He sought a declaration of no debt on the date stated in the claim and a change to the calculation of charges. The association received the claim documents and a warning about a possible default judgment but supplied no written response within the 14 days allowed. The court treated the claimant’s factual allegations as admitted under the default judgment rules and found a legal interest in deciding the debt question. The association was ordered to pay the claimant 135 euros in contractual representative’s costs. The court intended to recover the court fee, from which the claimant had previously been exempted, from the association for the state by a separate ruling; this judgment did not conclude that separate issue. The judgment was declared immediately enforceable. It does not establish absence of all debts on other dates or actual payment of the awarded costs.

Declare that XX had no debt to the association as at 1 January 2016. Award XX 135 euros in costs against the association. Refuse the request to specify recalculation as at 1 October 2016 as the method of performance; recovery of the fee for the state is to be decided separately. The judgment is immediately enforceable.