Skip to decisions
Žuk — ANTON и JELENA
Back to decisions

Tiimani 6: debt and interest awarded by default, legal costs refused

Viru Maakohus · First instance

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

Tiimani 6: debt and interest awarded by default, legal costs refused

Judgment · Viru Maakohus · First instance

KORTERIÜHISTU TIIMANI 6 · 80175334

Entry into force has not been reverified

Participants and roles: Claimant — KORTERIÜHISTU TIIMANI 6; Defendant — owner XX; Association’s statutory representative XX

Editorial summary

The owner did not respond to the claim; the court awarded debt and interest by default, separately examining the association’s costs.

The dispute and the court’s decision

The court granted the apartment association TIIMANI 6’s claim against owner XX by default and awarded principal and accrued late-payment interest. A 225 euro state fee was awarded separately. Reimbursement of 100 euros in legal costs was refused. The association alleged that the defendant, as an owner and association member, had partly failed to meet the duty to pay for building maintenance. It brought those claims before the court. The claim documents were duly served on the defendant, who was allowed 14 days for a written response and warned of a possible default judgment. No response was received. The court applied the rule treating the claimant’s factual assertions as admitted by the defendant in this procedure and found the monetary claim legally justified. The state fee was accepted as a necessary cost. The court did not award legal costs for drafting the claim: the file showed the association acting through a statutory rather than contractual representative, and the services claimed were not accepted as reimbursable court costs. The judgment is immediately enforceable but does not confirm actual payment of the debt and costs.

Outcome of this decision

Award the association debt with late-payment interest and a 225 euro state fee against XX. Refuse 100 euros in legal costs. The judgment is immediately enforceable.