NARV-KESKRING: claim not accepted for proceedings for lack of a proper defendant

The association did not clarify the proper defendant after the court’s direction; the claim against a deceased person was not admitted.

The apartment association NARV-KESKRING (now — Narva linn, P. Kerese tn 2 korteriühistu) brought a monetary claim against XX. The court established that the named defendant had died and therefore could not be a party to proceedings. By a ruling of 2 January 2017, the association was invited to clarify the defendant’s details, but it neither remedied the defects nor requested an extension. The court refused to accept for proceedings the claim and ordered the application and attachments returned after the ruling entered into force. The debt claim was not examined on its merits. The court explained that a claim against the heirs was not excluded; this ruling did not establish who they were, their acceptance of the inheritance or their liability. Costs were left to the association; there were no costs reimbursable to the other party. Upon refusal to accept for proceedings and return, the application is regarded as never filed or pending in ordinary claim proceedings.

Refuse to accept for proceedings the claim. Return the application and attachments after the act enters into force. The association bears costs; there are no reimbursable costs.