Tiimani 6: claim not accepted for proceedings because allocation of debt between co-owners was unclear

The association did not clarify the defendants’ shares, the method of recovery or the debt calculation after the court requested it.

The court refused to accept for proceedings the apartment association Tiimani 6’s claim against two co-owners XX and ordered the application and attachments returned. The association did not clarify the claim and calculation within the time allowed. The court did not decide the existence of the debt on its merits. The association alleged utility debt with late-payment interest totalling 575,69 euros. The court stated that the application did not show the defendants’ ownership shares or how the association sought recovery: a common amount from either of them jointly and severally, or a specified part from each. The composition of the principal, the interest calculation and the charging period were also not explained. The court required the defects to be remedied within 20 days of service of the ruling. The association’s representative received it personally on 6 December 2016, but the association did not respond. The court considered that, without clarification of the basis of liability and allocation of the obligation, the requested result could not be achieved in the manner sought. Costs were left to the association; no reimbursement was ordered for the defendants. The association may separately request a refund of the 125 euro fee paid. This ruling does not itself order that refund.

Refuse to accept for proceedings the claim and return the application and attachments to the association. The association bears the costs; no reimbursement was ordered for the defendants. Refund of the 125 euro fee may be sought by a separate application.