Puškini 22: claim left without examination after the defendant died before service of documents

The claim had already been admitted, but the defendant died before service; the court left it unexamined and explained the possibility of bringing a new claim.

The apartment association Puškini tn. 22 brought a debt claim against XX. The court admitted the claim on 30 November 2015, but could not serve it on the defendant, who died before receiving the procedural documents. The association said it wished to pursue the claim against the heir. The court left the claim without examination. It explained that proceedings had not yet begun for the defendant because the claim had not been served. The court therefore considered substitution by a legal successor within this case impossible. The ruling did not determine the existence or amount of the debt, the identity of the heirs or their liability. The association was informed of its right to bring a new claim against a new defendant in separate proceedings. Costs were left to the association; there were no costs reimbursable to the other party. This is a decision to leave the claim without examination, rather than dismissal of the monetary claim on the merits.

Leave the association’s claim against XX without examination. The association bears the costs; there are no reimbursable costs.