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Utility-debt settlement conditional on paying current bills

Editorial summary

The court approved an agreement between the association and owner for 3912 euros over 12 months and terminated proceedings. The defendant must also pay current bills on time in addition to the instalments.

Order approving a settlement · Viru Maakohus · First instance

KORTERIÜHISTU NARVA KOOLIPÕIK · 80180559

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules
Participants and roles
  • Claimant — KORTERIÜHISTU NARVA KOOLIPÕIK
  • Defendant — apartment owner XX

The dispute and the court’s decision

The historical association KORTERIÜHISTU NARVA KOOLIPÕIK sought management and utility charges from owner XX. Under the settlement, the defendant admitted the claim and undertook to pay 3912 euros in 12 monthly instalments of 326 euros from 12 February 2013 through 12 January 2014; early payment is allowed. Overdue principal attracts interest of 0.5% per day. Partial payment or a monthly payment more than five days late allows immediate recovery and enforcement through a bailiff. Current bills must be paid separately: full or partial delay over two months entitles the claimant to terminate the agreement and demand the entire balance, including new arrears, within five calendar days. The court found the settlement lawful and capable of performance, approved it and terminated proceedings. Each side bears its own costs; the association was ordered a refund of half the fee, 137.50 euros. The appeal deadline was shortened to three days from service. Compliance and entry into force have not been reverified.

Outcome of this decision

The court approved 3912 euros in 12 monthly payments of 326 euros, with separate current-bill obligations and consequences for breach. Proceedings ended; a 137.50-euro fee refund was ordered.

Entry into force has not been reverified