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Vaksali tn 13: court approved instalments agreed by association and debtor

Viru Maakohus · First instance

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

Vaksali tn 13: court approved instalments agreed by association and debtor

Ruling · Viru Maakohus · First instance

Narva linn, Vaksali tn 13 korteriühistu · 80480787

Entry into force has not been reverified

Participants and roles: Applicant – apartment association; Debtor – XX

How it started · editorial summary

After objections to the payment order, the association and debtor settled the dispute by agreement.

The dispute and the court’s decision

Viru Maakohus approved the settlement between Narva linn, Vaksali tn 13 korteriühistu and debtor XX and terminated proceedings. The parties agreed payment of building maintenance arrears, a 30,03-euro court fee and 89,70 euros for legal assistance. These are agreed terms, rather than an independent judicial determination of every basis for the debt. The debtor undertook to repay the debt in monthly instalments. The agreement also provides for late-payment interest of 0,02% per day on unpaid building maintenance arrears from the agreed date. Breach of the schedule makes the entire remaining obligation immediately enforceable. The case began with an application for a payment order. After the debtor objected, papers were referred to Viru Maakohus, where the participants submitted the agreement. Each bears its other litigation costs. The court ordered a 30,03-euro court fee refund to the association from the state budget. The ruling contains the parties’ agreed waiver of appeal; actual performance of the agreement is not confirmed.

Outcome of this decision

Approve monthly instalments for the debt, 30,03 euros in court fees and 89,70 euros for legal assistance. Late-payment interest of 0,02% per day is provided on unpaid building maintenance arrears from the agreed date; breach makes the full remaining obligation immediately enforceable. Terminate proceedings. Each party bears its other costs. Refund the association 30,03 euros in court fees.
Translation of an anonymised, abridged excerpt from Estonian
3. The parties shall bear their own litigation costs not specified in the settlement.