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Rakvere 89: court approved debt instalments and an obligation to pay current invoices

Viru Maakohus · First instance

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

Rakvere 89: court approved debt instalments and an obligation to pay current invoices

Ruling · Viru Maakohus · First instance

KÜ Rakvere 89 Narva · 80145528

Entry into force has not been reverified

Participants and roles: Applicant — KÜ Rakvere 89 Narva; Debtor under the agreement XX; Association’s representative XX

How it started · editorial summary

The parties agreed on the debt amount, instalments, current payments and interest on delay; the court approved the agreement.

The dispute and the court’s decision

The court approved the agreement between the apartment association Rakvere 89 Narva and XX and terminated the case. Under the agreement, the defendant acknowledged the principal debt, late-payment interest and case costs. The terms provide for repayment in instalments. In addition to debt payments, XX undertook to pay the association’s current invoices. Late repayment of principal carries interest of 0,07% per day on the unpaid principal. The agreement was submitted to the court while the payment order proceedings were still underway. Pärnu Maakohus transferred the matter to Viru Maakohus because the parties had agreed on other terms as well as a payment schedule. Viru Maakohus found the agreement admissible and enforceable, approved it and ended the proceedings without deciding the merits of the claim. The court separately left each participant to bear their own costs. It explained that the same dispute against the same defendant on the same grounds cannot be brought again. The act establishes payment terms but does not confirm that payments were made.

Outcome of this decision

Approve the agreement to repay the debt in instalments. XX must also pay current invoices and interest of 0,07% per day if repayment of principal is late. Terminate the proceedings; each party bears its own costs.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate the proceedings in civil case No 2-16-124683.