Tallinna mnt 46: default judgment declared no company debt for interest and legal services

The association did not respond to the company’s claim; the court declared two claims absent by default and awarded the company court costs.

The court granted OÜ Peremaakler’s claim against Tallinna mnt 46 Korteriühistu by default. It declared that the company did not owe the association 2 614,55 euros in late-payment interest or 50 euros for legal services. It awarded the company 775 euros in court costs against the association, plus statutory interest on unpaid costs from entry into force until payment. The company bought an apartment at auction and became its owner in December 2016. It said the auction record showed no additional debts of the previous owner, but the association later issued an invoice including interest. The company considered the interest and legal services charge unjustified and sought a declaration that it had no duty to pay. The court admitted the claim on 9 May 2017, served the documents on the association on 11 May and the costs list on 13 June. It allowed 20 days to respond and warned of a default judgment. The association did not respond in time. The court granted the claim by default. The act contains no detailed objections from the association or separate examination of the lawfulness of each charge. The court found the requested 775 euros in costs justified; no objections to them had arrived either. The judgment is immediately enforceable. Declaring the two named claims absent does not mean those amounts are paid to the company: the monetary award concerns court costs and interest on them. Actual performance is not confirmed.

Declare no debt owed by OÜ Peremaakler to the association for 2 614,55 euros in interest and 50 euros in legal services. Award the company 775 euros in costs against the association and statutory interest on the unpaid part from entry into force until performance. The judgment is immediately enforceable.