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Puškini 19: management-cost arrears and continuing late-payment interest

Viru Maakohus · First instance

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

Puškini 19: management-cost arrears and continuing late-payment interest

Judgment · Viru Maakohus · First instance

Puškini tn üheksateist Korteriühistu · 80054978

Entry into force has not been reverified

Participants and roles: Claimant — Puškini tn üheksateist Korteriühistu; Defendant — XX

Editorial summary

The default judgment distinguishes management-cost arrears, continuing late-payment interest and late-payment interest on awarded procedural costs.

The dispute and the court’s decision

Puškini tn üheksateist Korteriühistu (now — Narva linn, A. Puškini tn 19 korteriühistu) brought a management-cost arrears claim against XX. The court granted the claim by default without a descriptive section or reasoning. The act does not set out scrutiny of individual charges or the defendant’s substantive objections. Principal and accrued late-payment interest were awarded, together with further late-payment interest of 0.07% per day on unpaid principal from 27 March 2015 until payment. Procedural costs were imposed on XX: the association was awarded 419.00 euros in costs. Statutory late-payment interest under the second sentence of VÕS § 113(1) was also awarded on those costs, from the default judgment’s entry into force until performance. Principal, continuing late-payment interest and late-payment interest on costs have different bases and starting points. The judgment is immediately enforceable without security. Public service through Ametlikud Teadaanded was ordered; the court stated that service is deemed effected 15 days after publication of the extract. The defendant may seek reopening by kaja within 30 days after learning of the judgment or enforcement proceedings. The claimant was informed of an appeal to Tartu Ringkonnakohus within 30 days after service, no later than five months after public announcement. Neither receipt of money nor subsequent review is established.

Outcome of this decision

Management-cost arrears, accrued late-payment interest and further late-payment interest of 0.07% per day from 27 March 2015 until unpaid principal is paid were awarded by default. Procedural costs of 419.00 euros and statutory late-payment interest on them from entry into force until performance were awarded. The judgment is immediately enforceable without security.