One association’s application against another refused because defects were not remedied

The court refused to accept the application by the apartment association PUŠKINI 13 against the apartment association MALMI 12: the applicant had not submitted a properly formatted claim or paid the additional court fee.

The claim was initially handled in expedited payment order proceedings. A Pärnu Maakohus ruling of 17 April 2015 referred it to Viru Maakohus to continue as an ordinary civil claim. On 24 April, the court required defects in the application to be remedied: a properly formatted and reasoned claim and the additional court fee were due within 14 days. This requirement was served on the applicant on 11 May but was not met in time. The original application stated principal of 214,79 euros and an additional claim of 150,57 euros, making a claim value of 365,36 euros. A court fee of 45 euros had been paid instead of the 100 euros required for a civil claim, leaving 55 euros to pay. The court also noted the absence of documents supporting the claim and the representative’s authority. Because the formal and payment defects were not remedied, the court refused to accept the application for proceedings. The merits of MALMI 12’s alleged debt were not examined in this ruling. All costs were left with PUŠKINI 13; there were no amounts recoverable from the other party.

Refuse to accept the debt application by the apartment association PUŠKINI 13 against the apartment association MALMI 12 into ordinary civil proceedings. Leave costs with the applicant; no costs are reimbursable by the other party.