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Viru 20: default award of 394,98 euros in debt and remaining fee costs

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claims

Viru 20: default award of 394,98 euros in debt and remaining fee costs

Judgment · Viru Maakohus · First instance

KÜ Viru 20 Narva · 80352766

Entry into force has not been reverified

Participants and roles: claimant — apartment association; defendant XX — owner; association’s representative XX

Editorial summary

With no response, the court awarded the association debt and 50 euros in costs by default. The previously reimbursed portion of the fee was not awarded again.

The dispute and the court’s decision

The court granted KÜ Viru 20 Narva’s claim against owner XX by default, awarding the principal claim and 50 euros in costs. The defendant sent no response after public service of the documents. The association initially sought a payment order. After transfer to Viru Maakohus, it sought payment of the debt. According to the claim, the defendant owned an apartment and was a member of the association maintaining the building. The text contains no detailed objections from the defendant. The court stated that the ruling admitting the claim was served through Ametlikud Teadaanded on 12 October 2017. The defendant was given 14 days to respond and warned of a default judgment. No response arrived and the court applied the consequences of that non-participation. The short act contains no detailed analysis of charges. Of the 100 euro fee paid by the association, 50 euros had already been reimbursed outside court. The court awarded the remaining 50 euros as justified costs. The judgment was declared immediately enforceable and was also ordered served publicly because no service address or authorised recipient was known. Actual payment of the award and the date of publication of the judgment extract have not been checked.

Outcome of this decision

Grant the claim by default. Award the principal claim and 50 euros in costs against XX. The judgment is immediately enforceable; serve it publicly through Ametlikud Teadaanded, with service deemed complete 15 days after publication of the extract.