Court refused to accept a debt claim and to restore the time limit

The application by the apartment association Pähklimäe 4 against defendant XX was not accepted: the association had not formalised the claim, paid the additional fee or made a proper application to restore the time limit.

Following the debtor’s objection, Pärnu Maakohus terminated expedited payment order proceedings on 15 January 2015 and referred the claim to Viru Maakohus. On 3 February, that court required the association to submit a properly formatted, reasoned statement of claim and pay an additional court fee within 14 days from the day after receipt of the ruling. Receipt was confirmed on 10 February, but the requirements were not fulfilled in time. On 27 February, the association sent an email. The court found that it did not meet the requirements for a reasoned application to restore a time limit: no signed application in Estonian had been supplied, and the omitted procedural step had not been taken at the same time. The court refused to restore the time limit. The original payment order application lacked sufficient evidence of the claim and the representative’s authority, and the court fee had not been paid in full. The court therefore also refused to accept the claim into ordinary civil proceedings. This ruling did not determine the debt itself on its merits. Costs were left with the association.

Refuse to accept the debt application for proceedings and to restore the time limit. Costs are to be borne by the apartment association Pähklimäe 4.