Association failed to remedy defects in its claim: court refused acceptance

The court refused to accept the association’s debt claim for proceedings: a proper application, evidence and additional fee were not received in time.

The court refused to accept for proceedings the debt claim by the apartment association Tallinna mnt 42 because it had not complied with the requirement to remedy defects. The ruling states that, after payment order proceedings ended, the papers were referred to Viru Maakohus to continue as an ordinary civil claim. The court required a proper statement of claim and payment of an additional court fee within 14 days of service, warning of the consequences of non-compliance. The association’s representative received the requirement, but the defects were not remedied in time. The court noted that no proper application or evidence of the grounds for the claim had been submitted and the additional fee was unpaid. The claim was therefore not taken up for hearing. The court did not decide whether a debt existed or its amount. Following refusal, the application and attachments are returned to the claimant and are not sent to the defendant; under the rule cited, the application is deemed not filed and the claim never pending before the court. Litigation costs were left with the association. The ruling could be appealed to Tartu Ringkonnakohus through Viru Maakohus within 15 days of service.

Refuse to accept the claim for proceedings because defects were unremedied and the additional fee unpaid; leave costs with the association. The debt was not examined on its merits.