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Tallinna mnt 63a: court approved an agreement’s payment schedule already under way

Viru Maakohus · First instance

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

Tallinna mnt 63a: court approved an agreement’s payment schedule already under way

Ruling · Viru Maakohus · First instance

Narva linn, Tallinna mnt 63a korteriühistu · 80054501

Entry into force has not been reverified

Participants and roles: applicant – Narva linn, Tallinna mnt 63a korteriühistu; debtor XX – party to the agreement; association representative XX

How it started · editorial summary

The court approved a schedule already under way: the association reported four timely payments, but the ruling does not confirm full performance.

The dispute and the court’s decision

The apartment association Narva linn, Tallinna mnt 63a and XX entered an instalment agreement for arrears. The court approved it after the association reported initial voluntary payments and terminated the case. The payment proposal in payment order proceedings could not be served, but the parties submitted a signed agreement. The association reported that the first four payments were made on time: performance had begun before court approval. The acknowledged obligation includes building maintenance, other payments and litigation costs. It provides equal monthly instalments and a separate final payment, plus interest of 0,02% per day on unpaid management expenses and other payments. Breach of the schedule makes the entire agreed obligation immediately payable. The court considered the agreement permissible and enforceable. Each bears its other costs; a 32,50-euro court fee refund from the state budget was ordered for the association. A request to exclude appeals was rejected as impermissible in the procedure used. Full performance of the schedule and the current balance were not established.

Outcome of this decision

Approve monthly instalments with a separate final payment. The agreement provides for interest of 0,02% per day on unpaid management expenses and other payments and immediate payment of the full obligation on breach. Terminate the case and leave other costs with the participants; refund the association 32,50 euros in court fees. Refuse exclusion of appeals.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case No. 2-22-115560.