Rakvere 40: company’s application not accepted for proceedings because no proper claim was filed and the fee was underpaid

After transfer from payment order proceedings, the company did not comply with the requirements for formulating the claim and paying the fee.

Aniks Osaühing sought 2997 euros from the apartment association Rakvere 40. After transfer from payment order proceedings to ordinary claim proceedings, the company did not comply with the requirement to formulate and substantiate its claim and pay the additional fee. The court refused to accept for proceedings the application; the existence of the debt was not decided on the merits. On 8 April 2016, Pärnu Maakohus transferred the claim to Viru Maakohus. The same day, Viru Maakohus required defects in the application to be remedied within 14 days of receipt of the ruling. The company received it on 11 April, but no proper claim or additional fee arrived in time. The source does not specify why the payment order proceedings ended. The court noted that the payment order application available to it contained neither documents supporting the claim nor documents proving the representative’s authority. A fee of 89,91 euros had been paid, whereas for a claim valued at 2997 euros the court determined the required fee to be 275 euros. The missing 185,09 euros was not paid. Costs were left to the company; no costs were reimbursable to the other party. The court explained that, 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 Aniks Osaühing’s application against the association to ordinary claim proceedings. The company bears the costs; there are no reimbursable costs.