How to terminate enforcement proceedings for alimony

Alimony is not a lifetime payment, so both alimony payers and alimony recipients should know the nuances that play a role in stopping payments. Please note that the recipient can terminate enforcement proceedings for alimony, however, the payer also has the same right.

When can enforcement proceedings be completed?

Enforcement proceedings for alimony are terminated:

if the alimony payer or alimony recipient died, alimony obligations are not inherited;
the child reaches eighteen years of age;
if parental rights and responsibilities have been transferred to a new parent (that is, the child has been adopted);
if the alimony payer hides, the bailiffs do not know where he is, and the payer is wanted - they suspend enforcement proceedings for a certain period until the payer is found.

You can terminate enforcement proceedings for alimony by submitting an application either to the magistrate’s court or to the bailiff.

Important: when enforcement proceedings are terminated, alimony ceases to be accrued both in a fixed amount and when a percentage is deducted from the alimony payer’s salary. In addition, there are other consequences that are associated with the termination of enforcement proceedings: the payer can take back his property, which was seized; the alimony debtor has his lost rights restored, for example those relating to traveling abroad.

Grounds for termination of alimony payments

The grounds for which alimony payments are no longer collected depend on whether the amounts of money for children are paid forcibly or voluntarily by the father (mother).

Alimony is paid according to a court order

When payments are collected and withheld by a court order or its order, their collection is terminated if the following circumstances occur (Article 120 of the Family Code of the Russian Federation):

Death of a child or payer.
Children reaching the age of eighteen.
Emancipation. If a person over 16 years of age earns money on his own (works under a contract, is engaged in business) in the absence of objections from his parents, the guardianship and trusteeship authority or the court may recognize him as legally competent, that is, having all the rights and bearing the responsibilities of an adult (Article 27 of the Civil Code of the Russian Federation ). In this case, the minor loses the right to receive maintenance from his parents.
Marriage before adulthood. If the age of consent for a minor is reduced and he gets married, then according to the law, from that moment on, he also acquires all the rights and bears the responsibilities of an adult, losing the right to maintenance from his parents (Article 21 of the Civil Code of the Russian Federation).
Adoption of children. Upon adoption, the obligation to support children ceases. But sometimes, when adoption is carried out not by a couple, but by one person, the other parent, at his request, retains his rights. The obligation to support the child also remains.
Challenging paternity. If the payer proves to the court that he is not the biological father, the recovery of maintenance must be terminated. However, if he knew that he was not the natural father when registering the child, but agreed to indicate himself as the father, the claim cannot be satisfied, the obligation to support the child remains (Article 52 of the Family Code of the Russian Federation).

Alimony is paid voluntarily

Sums of money are not always collected by force by the court; sometimes parents can voluntarily agree on the amount and specific conditions for paying money for the maintenance of their common children. The agreement is certified by a notary and is subject to mandatory execution by its parties.

The grounds under which payment of money under the agreement is subject to unconditional termination will be the same as those listed above in court. In addition, the law also establishes the following additional cases of Art. 120 of the Family Code of the Russian Federation):

Death of a person who is a party to the agreement. Payments stop upon the death of any parent (not just the payer).
The period established by the agreement has expired. The parties may stipulate by agreement any period during which the salary is paid. After its expiration, they are not paid. The parties have the right to enter into a new agreement or resolve the issue of collecting money aimed at supporting children through the court.
Conditions specified in the agreement. The parties have the right to provide for any conditions upon the occurrence of which payments are terminated. For example, one of the parents entering into a new marriage, children going to work or receiving independent income, and other conditions.

If the above payments are made voluntarily, without forced collection and deduction from wages, in the event of the above circumstances, there is no need to apply anywhere. The payer may simply stop paying amounts of money.

Completion of enforcement proceedings on alimony by applying to the court authorities

In some cases, the bailiff has the right to stop enforcement proceedings only by a court ruling. To do this, it is necessary to submit an application to the judicial authority with a request to terminate the proceedings for the deduction of alimony. The court is obliged to consider the received application within ten days. All three parties are invited to the meeting: the alimony payer and the alimony recipient, as well as the bailiff. In this case, the failure of one of the parties to appear is not a reason to postpone the meeting.

After considering the application and the documents provided, the court makes an appropriate decision. If you disagree, you are allowed to appeal it to a higher authority within a fifteen-day period.

When writing an application to terminate enforcement proceedings, you do not need to pay an additional fee.

Debtor's liability

Many spouses, if necessary to pay alimony, try to hide from their children, stop receiving official income and block all their accounts. If you are faced with such a situation and do not know how to influence the debtor, then you should write a statement to the police. Failure to pay child support is criminally punishable and can bring a lot of problems to the child’s hiding parent. First, when considering such cases, the court assigns a suspended sentence. Replacing it with a real conclusion is possible in case of repeated non-payment or the debtor commits a criminal or administrative offense.

The search order, which the bailiffs receive through the court, can also serve as the basis for the following actions:

deprivation of parental rights;
search through the traffic police and deprivation of documents to drive a car and other vehicles (from mid-January 2016);
restriction of travel outside the country;
bringing to administrative responsibility.

If you decide to protect a child support defaulter from raising a child, then it is worth remembering that after this procedure he will still be obliged to transfer money for maintenance. If there is no cash flow, you may require another method of influence.

Deprivation of driving documents is a new measure against debtors. It may not be applicable in all cases. If the debtor is disabled or works as a driver, then it will not be possible to influence through the traffic police.

How to terminate enforcement proceedings by contacting a bailiff

Sometimes the bailiff may also terminate enforcement proceedings for alimony:

if the court decided to terminate enforcement proceedings based on a previously issued writ of execution;
cancellation of the act that served as the basis for drawing up the executive document;
recognition of the writ of execution (sheet) as invalid;
the alimony recipient refused alimony;
the payer and the alimony recipient came to the conclusion of an amicable agreement on the calculation and payment of alimony.

How quickly will the decision take effect?

From the moment of receiving the application to revoke the writ of execution, the bailiff has 5 working days to approve it and send the information to the recoverer. As a rule, there are no disagreements here; the bailiffs will stop proceedings against the alimony payer and send a notice.

Collection will cease on the day on which the application is dated.

You can stop collecting funds through bailiffs. This decision is made often. The claimant does not risk anything; the help of bailiffs can be turned to at any time

It is important that all amounts are recorded, this will avoid disagreements in the future. In the practice of bailiffs, cases of revocation of a court decision are becoming more and more common.

It is important to make payments yourself and communicate with the child and his mother. First of all, the child needs this: for his psyche

Expert opinion Kuzmin Ivan Timofeevich Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Therefore, if your ex-husband offers a voluntary agreement, it makes sense to think about it. The rights of mothers and children are fully protected by law.

There is no way for a father to escape responsibility to his children. The deception will quickly be revealed, and the law will oblige you to repay the debt.

The amount of the debt will include penalties.

If you have any questions, you can ask our lawyers. Consultation is always free.

The case regarding the collection of alimony has been considered, the court decision has entered into force, and the writ of execution has been received. Without waiting for the payer to voluntarily comply with the court decision, the recipient goes straight to the bailiffs to forcefully collect money for child support.

The bailiffs open proceedings and begin the procedure for collecting alimony payments. If the payer fulfills his obligations in good faith, the recipient regularly receives alimony payments.

If the payer delays or stops payment, bailiffs take the necessary measures to collect alimony and the resulting debt, including measures of material and criminal liability.

Why might a recipient of alimony need to pick up a writ of execution?

As a rule, the reasons for this are certain agreements between the payer and the recipient. For example, the payer promises to pay more money than according to the writ of execution (not from a meager official income, but from real income) subject to the withdrawal of the writ of execution.

Or, if a large debt has accumulated, he asks to suspend production until it is fully voluntarily repaid. The prospect of property seizure and the risk of getting a criminal record for debt does not make anyone happy.

And it is always easier to negotiate with the recipient than with a FSSP employee.

But, making concessions and agreeing to revoke the writ of execution, the recipient wants to know what the consequences of this action are?

Does this mean refusal to receive child support? Is existing debt for unpaid alimony payments written off? Is it possible to resume proceedings to collect funds due to the child from the parent?

How to terminate enforcement proceedings: application

An application to the court and to the bailiff conducting enforcement proceedings is written according to a similar template. It is necessary to indicate the personal information of the payer, as well as the contact information of the applicant. In case of going to court, the name of the authority is indicated, and in case of going to the bailiff - his surname and initials.

It is necessary to indicate on the basis of what documentation the enforcement process was started, as well as the date of opening of the enforcement proceedings. Here the applicant indicates the number of the court decision, as well as the date of publication of the document confirming the opening of enforcement proceedings.

The application must indicate what circumstances are the basis for termination of enforcement proceedings or have led to the impossibility of further fulfillment of alimony obligations. In this case, you should refer to documents confirming these facts.

Referring to the legislative norms set out in the Family Code, Civil Procedure Code and the Law on Enforcement Proceedings, it is necessary to make a request to terminate this enforcement proceeding.

After entering the final details of this document, the annexes are indicated - papers that are attached to such an application.

How to get rid of other debts using the Ticketiz platform

Since 2015, bankruptcy of individuals has been possible in Russia. It will not be possible to pay off alimony debts with its help - this is one of the exceptions in Federal Law No. 127 “On Insolvency (Bankruptcy)”, but it is quite possible to liquidate most other financial obligations - including credit ones.

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Nuances of terminating enforcement proceedings for alimony

According to the general current rule, termination of such proceedings is possible when the requirements specified in the writ of execution are met, as well as when the writ of execution is returned back to the applicant.

In addition, if children have reached full legal capacity before the age of eighteen, enforcement proceedings can also be terminated. To do this, it is necessary to confirm that the child has started working, got married, or is able to provide for himself. If alimony was withheld for the maintenance of a disabled spouse who entered into a new marriage, it is also necessary to complete enforcement proceedings, because providing for the family is transferred to the new spouse.

It is worth emphasizing that when an agreement is concluded and enforcement proceedings are withdrawn, alimony obligations do not cease. The recipient has the opportunity to resume enforcement proceedings and forced payment of alimony at any time.

It is necessary to highlight cases when the proceedings are not terminated: the writ of execution is lost (the recipient of alimony needs to take a copy of it), the recipient entered into a new marriage, but the new spouse did not adopt children.

When terminating enforcement proceedings for alimony, they are guided by the following laws:

Family Code – articles 109, 113, 120;
Federal Law “On Enforcement Proceedings” – Article 12, 21, 30, 33, 39,40, 42, 44, 45, 47, 50, 64, 69, 121, 124;
Code of Civil Procedure – Articles 441, 428, 430.

Stages of alimony proceedings

Alimony proceedings are initiated from the moment the relevant decision is made by the bailiff.

FSSP work

FSSPFSSP

The claimant has the right to present documents for execution within 3 years from the date of issue of the writ of execution. A similar deadline is established for writs of execution.

As for the alimony agreement, it can be presented at any time. And also within 3 years from the expiration date of such a document.

Attention! In addition to the writ of execution itself, a statement from the claimant is also required. It is signed by an application or an authorized representative, with the corresponding power of attorney attached.

The application may also be accompanied by a request for interim measures in the form of seizure of movable and immovable property owned by the alimony.

Within 3 days from the date of transfer of the enforcement document to the bailiff, a decision is made to initiate enforcement proceedings. Or about refusal of such stimulation.

If the claimant's accompanying requests are refused, the decision shall indicate the reasons for such a decision and their legal basis.

Next, the bailiff gives the alimony holder a period of 5 days to voluntarily repay the debt (satisfy the demands of the claimant).

Forced collection of payments

Including:

search for movable and immovable property of the alimony provider for the purpose of further arrest or restriction in the transfer of rights;
fixation and seizure of bank accounts;
establishing all types and sources of income of the payer.

For non-cash payments to an employee, if the alimony recipient has a permanent income:

a copy of the bailiff's decision along with the enforcement documentation is transferred to the debtor's place of work;
the accounting department makes deductions through the FSSP financial system;
The FSSP, in turn, will redirect the funds to the claimant.

If the salary comes to a card or regular deposit bank account, then the relevant documentation is transferred to the bank. Where bank employees, on the basis of a bailiff's order, make deductions from all funds received into such accounts.

Important! Social compensation payments and subsidies are not subject to inclusion in the total amount of income from which deduction can be made

If the alimony holder does not have a regular income

FSSP

First of all, an inventory of the property is made at the place of registration and actual residence of the debtor. Property subject to sale may be seized for the purpose of further sale.

The proceeds (minus required fees) will be used to pay off the debt.

If the debtor has vehicles or real estate, the question of the possibility of arrest and sale of such property is also studied.

Attention! Currently, a person still cannot be deprived of his only home. However, the question of the possibility of lifting such a ban in order to fully or partially satisfy the claims of creditors is being considered.

Is it possible to appeal the termination, termination or suspension of proceedings?

It should be noted that any document can be appealed if an individual believes that the decision made violates his rights. But before filing complaints, it is better to study all the norms and legal rights involved in this case or seek advice from experienced lawyers.

There are situations when the end or termination of alimony payments occurs on illegal grounds, then you can safely begin to defend your rights, relying on Article 50 of Federal Law No. 229. This may, for example, be due to the payer’s dismissal from his workplace without warning and, accordingly, to the termination of payments.

What is the essence of production

It is necessary to understand that it is not possible to simply refuse forced payment; for this, the payer must have serious reasons, which are described in detail in the law. The end indicates that the process of collecting alimony is being completed, which means that the amount for child support will no longer be paid. Most often, the completion of proceedings is associated with the death of a person, this could be the child himself, or maybe the child support payer. In the Family Code, each such situation is described in detail.

Resumption

The renewal is carried out by the person who initiated the suspension. That is, in order for the claimant to resume payments, he needs to pay a fee and contact the bailiffs with the following package of documents:

Russian passport;
a receipt confirming payment of the execution fee;
application for the resumption of alimony payments;
a copy of the court decision on the need for payments;
a copy of the writ of execution, according to which the proceedings are to be resumed.

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The claimant is given 3 years after the suspension of payments, during which he has the right to resume them.

If enforcement proceedings were suspended by a court decision, they are restored only if the reasons that served to terminate the collection are eliminated, for example:

the payer has a stable income;
the adoption certificate is no longer valid;
the disabled spouse is officially divorced.

What rights and responsibilities do alimony providers and collectors have?

Despite the factual difference in the procedural position, the alimony payer and the claimant are legally equal in the scope of their rights.

Rights of alimony payers and collectors

Federal Law

have information about the official in whose proceedings the case is under executive documents. Namely: personal data of the bailiff;
his work or other contact phone number;
visiting days and times.
familiarization with the case materials (by reading, writing out, making copies);
provision of additional documentation related to the case (certificates, acts, etc.);
filing petitions (for the recusal of the bailiff, for the participation of a representative in the case, for the commission of any production actions);
written oral explanations with arguments;
written and oral objections regarding petitions, statements of other parties to the proceedings (for example, to limit special rights, conduct a search, involve specialists);
appealing acts, acts of a bailiff;
other rights related to enforcement proceedings.

Duties of the parties

fulfilling the requirements of officials conducting the proceedings, including: timely attendance when called;
submission of the requested information (certificates, data, including personal);
giving explanations;
compliance with the norms of procedural ethics: avoidance of rudeness, rudeness, profanity in communication with FSSP employees and other participants in production;
notification and petition for participation in the process of 3 persons: representatives, specialists, etc.

Procedure for suspending alimony

As a rule, the initiator of the suspension of child support payments is the payer who, for some reason, is unable to make such payments. In order for this entire procedure to take place in a legal manner and not become the basis for bringing the defaulter to justice, the person must notify certain authorities about the reasons.

First of all, the concerned citizen must file a petition containing all the evidence in his possession

It is necessary to take into account the fact that after the relevant court decision is made, all alimony payments must be made according to the established schedule. Accordingly, all debts incurred without proper notification must be paid in full, taking into account penalties and fines

One of the reasons for suspending alimony payments is the loss of a permanent job by the alimony payer. To do this, a person must first contact the Employment Center to apply for unemployment benefits for the period of employment. Of course, the amount of such a payment is several times less than the usual monthly earnings, so a person has the right to go to court to suspend the deductions until he finds a new job.

If, during the analysis of the submitted documents, the judge considers the reasons for the suspension to be valid, the payer will be assigned such temporary relief. In this case, payment of funds for the maintenance of a young child will be the responsibility of the social insurance fund, and the money will be transferred from public funds. However, the amount of such payments may be several times less than the previous ones, since the calculation of alimony will be made based on the average wage in this region of the country.

Suspension of alimony payments is possible only in cases where the funds are intended to support a minor child. In all other cases, suspension of obligations is not allowed, and the executive document is canceled.

Termination of IP by the bailiff

Most often, before contacting a bailiff, it is necessary to obtain a court decision, but there are cases when you can get by with one step. Closing proceedings by a bailiff is possible in the following situations:

During the proceedings, a settlement agreement was concluded between the payer and the recipient.
The court accepted the recipient's refusal of alimony.
The court rejected the recipient's claim for collection.
The court issued a writ of execution, but after a certain period the proceedings were terminated.
Cancellation of a judicial act that is the basis for obtaining a writ of execution.
The enforcement obligation was initiated on the basis of documentation that was declared canceled or invalid.
Based on the points contained in paragraph 2 of paragraph 2 of Article 120 of the Family Code of the Russian Federation.

Complaint against the bailiff's decision: sample application, deadlines for appeal

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on ““ Termination and completion of enforcement proceedings. Simple and accessible."

Svetlana
:
12/10/2019 at 1:21 pm
Hello! Glad to chat! I will be happy to receive your newsletter! Thank you.
Answer
Andrey
:
06/08/2020 at 09:23
Good afternoon. The bailiff seized the funds in the bank and wrote them off accordingly, upon request from the tax office. I didn’t know anything about the enforcement proceedings, no one notified me about this, and there were also no documents from the tax office. Is it the duty of the bailiff to inform the debtor of the initiation of enforcement proceedings?
Answer
Tatiana
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03/24/2021 at 16:50
Good afternoon Last year, the court granted my claim regarding the illegality of the decision made by the SPI to withhold the enforcement fee. The court decided that the specified resolution was not made legally (the obligation of the corporation to notify me, as a debtor, about the existing debt and about the individual entrepreneur in general was not observed). According to the court decision, the SPI was obliged within 10 days after entering into the law. the force of the decision, cancel the decision on execution. collection and return the written off funds. The decision entered into law. effective 08/24/2020. So far, the SPI decision has not been canceled. What should I do?. Through my personal account of the State Services, I submitted an application to the FSSP to terminate the individual entrepreneur. The application was registered with the department on February 25, 2020. And silence….
Answer
Elena
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04/27/2021 at 19:07
Good afternoon. In 2021, an individual entrepreneur was initiated because she was unable to repay the loan. I have no property at all. Is it possible that the individual entrepreneur will be closed and how can I find out about it? Thank you very much in advance
Answer
Eugen
:
05.05.2021 at 14:58
Hello. An individual entrepreneur came through government services from a bailiff from the collection agency Filbert for a loan dating back to 2021. I only just now learned about this agency and on what basis they can submit such documents. What can be done in this case. The case regarding this loan was closed.
Answer
Olesya
:
08/01/2021 at 07:52
Hello, what should you do if you resumed production, although it was closed due to the lack of any property?
Answer
Lily
:
08/09/2021 at 18:17
Hello. If 50% is already withheld from your salary. How to stop the execution of production?
Answer
Ural
:
08/11/2021 at 16:41
Good afternoon The court canceled the court order and sent the debtor a ruling to cancel the court order. Having received such a determination in hand, the debtor must send it to ROSP. Is it possible to independently send an electronic image (scan) of a court ruling to ROSP through the debtor’s personal account on the State Services portal? What are the deadlines for delivery of a court ruling to ROSP in the original and electronically?
Answer
Olga
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08/12/2021 at 14:37
Tell me, please, is the bailiff obliged or not obliged, on the basis of the law, to go to court to terminate enforcement proceedings in connection with the death of the debtor, or should the legal successors of the deceased do this? The father died before he could pay an administrative fine for unpaid parking. After his death, enforcement proceedings were initiated. In response to my appeal to the bailiff service, this is what they told me: that the bailiff cannot terminate the individual entrepreneur. It seems that it is written that the bailiff must go to court to terminate an individual entrepreneur if the debtor dies? Or is this a bailiff’s right, not an obligation? “In response to your appeal received by the Interdistrict Department of Bailiffs for the Collection of Administrative Fines No. 4 of the GUFSSP of Russia for Moscow (hereinafter referred to as MOSP for VAS No. 4), we inform you as follows. In accordance with Art. 43 of Federal Law No. 229-FZ “On Enforcement Proceedings”, in the event of the death of a debtor-citizen, enforcement proceedings are terminated by the court. The bailiff does not have the authority to terminate enforcement proceedings on this basis. Interdistrict Department of Bailiffs for the Collection of Administrative Fines No. 4 of the Main Directorate of the Federal Bailiff Service for Moscow 129347, , , , Moscow, , st. Yugorsky proezd, 22, building 1,
Answer
marina
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08/17/2021 at 13:38
Good afternoon. if several writs of execution have combined the proceedings into one case, but they all have different deadlines. How will cases for which the 3-year period has expired be closed?
Answer
Iris
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08/29/2021 at 07:57
Hello, my daughter receiving a survivor’s pension, received an SMS from the bank that the amount for the individual entrepreneur was collected, she did not receive any letters or decisions in her hands or by mail. Can they collect from a survivor’s pension and what should we do to stop individual entrepreneurs?
Answer
Oleg
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09/05/2021 at 21:46
Hello. A year ago, the court issued a writ of execution to a collection agency to collect the loan debt. On the basis of which the agency seized the account in Sberbank. It seemed convenient to me, I started putting money into this account to pay off the debt. The funds were written off to pay off the debt. The amount of debt also decreased, which was confirmed by information in the Sberonline personal account. This year, that is, a year later, the plaintiff cancels the seizure of the account and submits this writ of execution to the bailiffs. I am being seized with the original amount of debt, although part of it has been repaid. Can I stop enforcement proceedings due to disagreement with the amount of debt, a year after the court decision.
Answer
Maria
:
09/07/2021 at 06:24
Good afternoon Yesterday I received information on the government services website about a court debt related to housing and communal services. The problem is that I have not lived for a long time in the city where there was a court and enforcement proceedings. I don’t have real estate there and my permanent registration is also far from that city.
Is it possible to get details about this case remotely? I have every reason to believe that this is a mistake.
Answer
Svetlana
:
09.13.2021 at 15:35
Hello, in 2014 I changed my last name and passport. Now I saw at the bailiff’s office, under my old name, IP dated 2021, loan payments. What to do in this case? Please tell me. This is a scam. Passport does not exist, last name is different
Answer
Natalia
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09.18.2021 at 12:21
Hello! An individual entrepreneur was opened for me on 07/02/21 due to non-payment of a loan to the bank. I received public services only on 09/13/21, can I cancel the individual entrepreneur or is time up? Thanks in advance for your answer
Answer
Paul
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09/27/2021 at 01:43
In 2009, the court ordered me to pay 45,000 rubles to the victim in a criminal case, as compensation for damages. In the same 2009, the bailiff checked my property, accounts, assets, but found nothing, more than 10 years have passed since then, is the bailiff obliged to finish or stop production?
Answer
Elega
:
09.28.2021 at 21:03
Good evening. The FSSP has imposed restrictions on the registration of cars under individual entrepreneurs for credit debt. This debt has been repaid for six months already, but the individual entrepreneur has not been terminated. I can’t sell a car (What should I do and what should I do? Thank you in advance!
Answer
Evgeniya
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09.30.2021 at 10:24
Hello, what can you do? Due to legal debts, I cannot pass the Security Council and get a job. Is it possible to cancel, at least temporarily?
Answer
Andrey
:
05.10.2021 at 13:23
Hello, yesterday I received a notice from government services about enforcement proceedings for allegedly failing to pay a fine for violating the mask regime (IP). Although I paid the staff 3 months ago! They threaten to seize all accounts, etc., if I do not pay (again!!!) the required amount within 5 days. Tell me what to do...
Answer
Olga
:
06.10.2021 at 18:31
Hello. The situation is as follows: in 2013 I took out a loan for relatives. At one time they paid, then they stopped without notifying me, the last payment is in 2021. At the moment, as I understand it, it is possible to interpret the LED. At the beginning of September this year, I find out that my accounts have been seized and that an amount has been collected from them in favor of the bank. I go to the Justice of the Peace, write an objection, read the case, and notice that in 2021 there was a cancellation, not significant, although I don’t remember anything being taken off me. The court order is canceled, I send the cancellation certificate to the bank through which the amount was collected and to the collecting bank. A month has passed and the money has not been returned. The following happened: today, government services receive a notification about the initiation of an individual entrepreneur. Please tell me what to do in this situation, what to do, and how to challenge this decision, finally???
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