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Kreenholmi tn 12: instalments approved, but court did not accept appeal waiver

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules

Kreenholmi tn 12: instalments approved, but court did not accept appeal waiver

Ruling · Viru Maakohus · First instance

Narva linn, Kreenholmi tn 12 korteriühistu · 80508340

Entry into force has not been reverified

Participants and roles: Applicant – apartment association; Debtor – XX

How it started · editorial summary

The association and debtor submitted an instalment agreement before a payment order was issued.

The dispute and the court’s decision

Viru Maakohus approved the settlement between Narva linn, Kreenholmi tn 12 korteriühistu and debtor XX and terminated proceedings. The agreement provides for payment of building maintenance and other arrears, a 22,50-euro court fee and 89,70 euros for legal assistance. The parties agreed monthly instalments. The ruling contains no confirmation of performance. The association may demand late-payment interest of 0,02% per day on unpaid expenses and other payments from the agreed date. Breach of the schedule makes the entire remaining obligation immediately enforceable. Each participant bears expenses not named in the agreement. The court left the fee refund for a separate ruling after finality. It rejected the parties’ request to exclude appeals, finding such an agreement impermissible in the procedure used. Approval of the settlement therefore did not mean waiver of the right to appeal the ruling.

Outcome of this decision

Approve monthly instalments for the debt, 22,50 euros in court fees and 89,70 euros for legal assistance, with late-payment interest of 0,02% per day on unpaid expenses and other payments from the agreed date. Breach makes the full remaining obligation immediately enforceable. Terminate proceedings. Refuse the request to exclude appeals. Decide the fee refund separately.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case No. 2-21-138254.