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Võidu 10: joint and several award against three owners

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayObligations of multiple owners

Võidu 10: joint and several award against three owners

Judgment · Viru Maakohus · First instance

KÜ Võidu 10 · 80183397

Entry into force has not been reverified

Participants and roles: claimant — KÜ Võidu 10; three defendants — owners XX

How it started · editorial summary

Three owners are liable for a common debt; the court assessed costs separately.

The dispute and the court’s decision

KÜ Võidu 10 (now — Narva linn, Võidu prospekt 10 korteriühistu). KÜ Võidu 10 sought management charges and late-payment interest from three owners XX. The court found proper service on all defendants and a response period with a warning about the consequences of silence. No responses were filed. The court allowed the claim by default and awarded principal and accrued late-payment interest jointly and severally. This is a common obligation of the three defendants rather than three separate recoveries of the same sum. Costs were also awarded jointly and severally, but reduced: the court used the applicable fee and proof of payment and allowed two hours of necessary legal work. The judgment is immediately enforceable; actual payment was not established.

Outcome of this decision

The claim was allowed by default; debt, late-payment interest and reduced costs were awarded jointly and severally.
Translation of an anonymised, abridged excerpt from Estonian
1. Allow the claim by default judgment.