Court disputes in Estonia: suing or defending a claim

We handle civil litigation Estonia-wide for foreign and Estonian companies and individuals: contract disputes, money and damage claims, and the defence of claims brought in an Estonian court. You work with us in English; we deal with the court in Estonian.

Who this is for and typical disputes

This service is for foreign companies and individuals in a dispute with an Estonian party, and for anyone who has been sued in Estonia. Typical cases:

• a customer refuses to pay and says the goods or services were defective;
• construction, renovation or subcontracting disputes over quality, delays or payment;
• termination of a cooperation or service contract, and damage claims;
• a statement of claim or other court documents served on you from Estonia.

What to check before going to court

• The legal basis and the evidence. Under the General Part of the Civil Code Act (TsÜS), most contracts can be made in any form (TsÜS § 77). But you must be able to prove what was agreed.
• Which court can hear the case. Within the EU, the Brussels I bis Regulation (No 1215/2012) takes priority over the Estonian rules on international jurisdiction (Code of Civil Procedure (TsMS) § 70). Under the Estonian rules, a company can be sued where it has its seat (TsMS § 79). Businesses can agree on a particular court in a form that can be reproduced in writing; that court is then the only competent one unless they agreed otherwise (TsMS §§ 104 and 106). If the contract has an arbitration clause, the court will generally not accept the claim (TsMS § 371).
• Which law applies. Check whether the contract has a choice-of-law clause. We advise only on Estonian law.
• Time limits. Contractual claims are generally time-barred after three years (TsÜS § 146). The court considers this only if the defendant relies on it (TsÜS § 143).
• Commercial sense. Weigh the claim against the likely costs and the other side’s ability to pay.

How a civil case runs in Estonia

County court (maakohus)

A case starts with a statement of claim (hagi). It sets out the claim, the facts, the evidence for each fact and whether you agree to written proceedings (TsMS § 363). A state fee is payable, and the court will not accept the claim until it is paid (TsMS § 371).

The court then sets the defendant a deadline for a written reply: at least 14 days, or at least 28 days if the claim is served abroad (TsMS § 394). Cases can be decided in writing without a hearing, with the parties’ consent or, for smaller claims, at the court’s decision (TsMS §§ 403–404). For financial claims of up to EUR 3,500, or EUR 7,000 including interest and other ancillary claims, the court may use a simplified procedure (TsMS § 405).

If the defendant does not reply

Missing the reply deadline is a costly mistake. The court may then issue a default judgment (tagaseljaotsus) and treat the claimant’s factual allegations as admitted, even if the claim was served abroad (TsMS § 407). The defendant can ask for it to be set aside by applying to have it set aside (kaja) within 30 days of service. As a rule, this requires a good reason for not replying (TsMS § 415).

Appeals

A county court judgment can be appealed to the circuit court (ringkonnakohus) within 30 days of service, but no later than five months after the judgment was made public (TsMS § 632). In simplified proceedings, an appeal is accepted only with the county court’s leave or in cases of clear error (TsMS § 637). A further appeal to the Supreme Court (Riigikohus) must also be filed within 30 days and is accepted only in limited cases (TsMS §§ 670 and 679).

Protecting the claim

If a judgment might otherwise be hard to enforce, the court can secure the claim, for example by arresting assets or entering a judicial mortgage. It can do so even before the claim is filed (TsMS §§ 377, 378 and 382).

Language, documents and costs

Estonian civil proceedings are conducted in Estonian (TsMS § 32). Documents in another language need an Estonian translation by a date the court sets, and the court may require a sworn translation. If the translation is late, the court may disregard the document (TsMS § 33). Foreign-language evidence may be accepted without translation only if translating it would be unreasonable because of its content or length and no other party objects.

The losing party normally pays the winner’s procedural costs, including necessary out-of-court costs (TsMS § 162). Lawyer’s fees are awarded only to the extent the court finds them justified and necessary (TsMS § 175), so part of your actual costs may stay with you. If a claim succeeds only in part, the costs are shared equally unless the court divides them in proportion to the result (TsMS § 163). Ask for payment before you sue: if the defendant accepts the claim at once and gave you no reason to go to court, you bear the costs yourself (TsMS § 168).

Settlement

The parties can settle at any time until the judgment becomes final, and the court will explore this option (TsMS §§ 392 and 430). A settlement approved by the court ends the case and is enforceable like a judgment. Each side then bears its own costs unless agreed otherwise (TsMS § 168). If we think a settlement serves you better than a long dispute, we will tell you so.

Who can represent you

In Estonian civil proceedings, a party may be represented by an advocate or by another person with the legal qualification required by TsMS § 218: at least a master’s degree in law or an equivalent qualification. In action proceedings before the Supreme Court, a party can take procedural steps only through a sworn advocate (vandeadvokaat) (TsMS § 218).

What we do

• Initial written legal analysis and action plan (EUR 120–180): your chances, risks, costs and the next step.
• Statement of claim (from EUR 300) or reply to a statement of claim (by agreement).
• Other court documents and representation: by agreement, in clear stages, with the price of each stage agreed first.
• Settlement negotiations and settlement agreements.

Between 2020 and 2025, our lawyer (jurist) Ero Liivik handled more than 250 disputes, including over 150 court cases. You can also order a single document or one stage without full representation. Prices are final and no VAT is added. State fees, translations and other third-party costs are extra, and international matters may receive a separate quote. See our fees and more about the office.

Related pages

• Debt collection in Estonia
• How to collect a debt from an Estonian company
• Real estate disputes and employment law
• Bailiffs and enforcement in Estonia

Tell us about your dispute

Send a short summary, the names of the parties, the main documents and any court deadline to info@erovik.ee. If you have been sued, tell us the date you received the claim, because the reply deadline runs from service. We usually reply within one working day. For general information, see the Estonian courts’ website. Contact us.