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Mõisa 7: debt of 1484,04 euros and litigation costs awarded by default

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claims

Mõisa 7: debt of 1484,04 euros and litigation costs awarded by default

Judgment · Viru Maakohus · First instance

KORTERIÜHISTU MÕISA 7 NARVA · 80218948

Entry into force has not been reverified

Participants and roles: Claimant – KORTERIÜHISTU MÕISA 7 NARVA; Defendant – owner XX; Association’s contractual representative XX

Editorial summary

The association sought payment of arrears; after no response arrived, the court granted the claim by default.

The dispute and the court’s decision

The court granted the claim by the apartment association MÕISA 7 NARVA against owner XX by default. The defendant was ordered to pay arrears for building maintenance and utilities, plus 245 euros in litigation costs. The judgment was declared immediately enforceable. The association alleged that the defendant owned an apartment and was an association member but failed to pay the invoiced charges. No separate demand for late-payment interest is stated in this judgment. The court stated that the claim documents had been duly served on the defendant. It allowed 14 days from service for a written response and warned of a possible default judgment. No response arrived. Under the rule applied by the court, the claimant’s factual allegations are deemed admitted by the defendant in these circumstances. The court granted the monetary claim, referring to the owner’s duty to contribute to expenses. The court found justified a 200-euro court fee and 45 euros in legal expenses for preparing and drafting the claim. In assessing representative’s costs, it considered the case’s complexity and the volume and quality of work. These costs were awarded against the defendant. The judgment provides no information about actual payment of the debt or costs.

Outcome of this decision

Award the association the debt and 245 euros in litigation costs against XX, including a 200-euro court fee and 45 euros in legal expenses. The judgment is immediately enforceable.