Skip to decisions
Žuk — ANTON и JELENA
Back to decisions

Vahtra 2a: court approved instalments and preserved the right to appeal

Viru Maakohus · First instance

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

Vahtra 2a: court approved instalments and preserved the right to appeal

Ruling · Viru Maakohus · First instance

Narva linn, Vahtra tn 2a korteriühistu · 80175127

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Vahtra tn 2a korteriühistu; Debtor — XX

How it started · editorial summary

The settlement defined the debt amount and schedule but did not exclude appeal against the ruling.

The dispute and the court’s decision

Narva linn, Vahtra tn 2a korteriühistu sought debt from XX. After transfer from expedited payment order proceedings, the participants submitted an agreement. The court found it admissible and enforceable, approved it and terminated the case. XX acknowledged the agreed obligation, including management payments, late-payment interest and court costs. Monthly payments by the last day of each month and a separate final payment were established. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day; breach of the schedule makes the entire obligation immediately enforceable. Each participant bears costs not provided for in the agreement. The fee refund is decided separately after entry into force. Although the participants waived appeals, the court explained that such waiver was impermissible in these non-contentious proceedings: the appeal procedure remained available. The act does not confirm performance.

Outcome of this decision

Approve monthly instalments and a final payment for the acknowledged obligation. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day; on breach of the schedule the entire balance is immediately due. Terminate the case, leave other costs to participants and decide the fee refund separately. Preserve the right to appeal.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate the proceedings in civil case No 2-20-113940.