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Debt awarded by default, legal-service costs refused

Editorial summary

The association sought payment of a debt from the defendant. The court awarded 1864.51 euros in debt and a 383.46-euro court fee by default, but refused 186.62 euros for legal services.

Default judgment · Viru Maakohus · First instance

Narva linn, V. Gerassimovi tn 16 korteriühistu · 80218960

Apartment association bills, payments and debtsDebt claims
Participants and roles
  • Claimant — Narva linn, V. Gerassimovi tn 16 korteriühistu
  • Defendant — individual XX

The dispute and the court’s decision

Narva linn, V. Gerassimovi tn 16 korteriühistu, named in the source as GERASSIMOVI 16 NARVA KORTERIÜHISTU, sued defendant XX for a debt. The documents were served personally, but no response to the claim was submitted. At the association’s request, the court entered judgment in default. It awarded 1864.51 euros in debt and declared the judgment immediately enforceable without security. The judgment does not specify the individual types of charges making up the debt. The court relied on the unchallenged factual allegations and their legal justification. The 383.46-euro court fee was awarded. Reimbursement of 186.62 euros paid to a sole trader for preparing the claim was refused: the court found that the provider was neither an eligible representative nor an association employee. Actual recovery, entry into force and subsequent appeals have not been reverified.

Outcome of this decision

The default judgment awarded 1864.51 euros in debt and the 383.46-euro court fee. Legal-service costs of 186.62 euros were refused. The judgment was declared immediately enforceable without security.

Entry into force has not been reverified