Puškini 45: claim refused after no grounds were supplied for a demand transferred from payment order proceedings

Ruling refusing to accept a claim for proceedings · Viru Maakohus · First instance

Korteriühistu Puškini 45 · 80197258

Entry into force has not been reverified

Participants and roles: claimant – Korteriühistu Puškini 45; claimant’s legal representative XX; defendant XX – person addressed by the original monetary demand

Editorial summary

After the monetary demand was transferred from payment order proceedings, the association did not provide the proper grounds for the claim required by the court.

The dispute and the court’s decision

The monetary claim by the apartment association Puškini 45 against defendant XX was transferred from payment order proceedings at Pärnu Maakohus to Viru Maakohus to continue as an ordinary civil claim. The court required a properly formatted and reasoned statement of claim, with an additional court fee if necessary. The letter was served on the association on 15 July 2015. The association did not submit a proper statement within the time limit. By a ruling of 17 September 2015, the court refused to accept the claim for proceedings and imposed costs on the association. The ruling does not examine the origin or amount of the debt and awards no money against the defendant. The returned application is deemed never to have been filed or pending. The court did not decide issues of payment, extinction of the monetary claim or its merits; there is no separate finding on the amount of unpaid court fees.

Outcome of this decision

Refuse to accept for proceedings the monetary claim by the apartment association Puškini 45 against XX. The association bears costs; send the ruling to its representative. The debt dispute was not decided on its merits.