Uusküla 9: claim not accepted for proceedings after transfer from payment order proceedings

The court refused to accept for proceedings the claim because defects concerning its form, evidence, authority and fee had not been remedied.

The apartment association Uusküla 9 brought a monetary claim against XX in expedited payment order proceedings. After the debtor objected, Pärnu Maakohus ended that procedure on 15 March 2017 and transferred the application to Viru Maakohus for ordinary claim proceedings. By a ruling of the same date, Viru Maakohus required the association to formulate and substantiate the claim and pay an additional fee within 14 days of receiving the request. The association received the ruling on 25 March but did not submit a proper claim or pay the additional fee in time. The application available to the court also lacked documents supporting the claim and proving the representative’s authority. The court refused to accept for proceedings the application. The debt was neither examined on the merits nor awarded. 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. Costs were left to the association.

Refuse to accept for proceedings the application; the apartment association Uusküla 9 bears the costs. The existence and amount of the debt were not determined on their merits.