Instalments and allocation of insufficient payments
Narva linn, Tallinna mnt 21 korteriühistu · 80228958
Participants and roles: applicant — Narva linn, Tallinna mnt 21 korteriühistu; two persons concerned XX — joint and several debtors
How it started · editorial summary
Two persons XX agreed on instalments and payment allocation.
The dispute and the court’s decision
The court approved a settlement between Narva linn, Tallinna mnt 21 korteriühistu and two persons XX for joint and several payment of utility and management charges, interest and costs. The unpaid balance may be claimed from either debtor without double recovery. Proceedings were terminated.
Ten equal monthly instalments are due by the last day of each month. The association reported that the first two had been paid; this does not establish full performance. Current bills must be paid separately. If a payment cannot cover both the instalment and the current bill, it is allocated to the settlement. An instalment overdue by more than 15 days permits immediate enforcement of the unpaid balance. Other costs remain with each participant. The participants excluded an appeal.
Outcome of this decision
Approve joint and several instalments and terminate proceedings; insufficient payments go towards the settlement, and a delay over 15 days permits recovery of the balance.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case no. 2-24-142703.