In 2007 November I signed a paper to have my 401K check to be sent to the bank I had already signed papers and filled out application for IRA roll over to BBT bank.Well I was dumb and did'nt check on it and now I was going to add a large amount of money to my IRA but bank says they never got check from employer I contacted employer and they said I signed paper for check to go to bank I ask for a copy of paper that I signed they would not give it to me I ask them if check was'nt cashed would money go back in my 401K account they said no I ask them where would money go they would not answer they said they have no record of the check for $9 thousand 30 dollars they only keep record of checks for 7 years I never saw check or signed or cashed check.They said there was nothing they could do I researched unclaimed 401K money and retirement money came up with nothing.My employer was Hertz Car Rental in Raleigh,N.C. I dealt with their home office and got no way with them.
Your company's retirement plan should be large enough so that a letter to the administrator should provide the answer you need. If your money was requested to be transferred and it wasn't, the dispute is with the administrator and broker-dealer that handled your 401k at your prior employer. If the check was never cashed the money should still be there. Otherwise, you would have received some sort of notice from your 401k administrator that your funds would be surrendered. If they didn't do that when they were supposed to do so, the administrator has some real issues.
The foregoing is neither legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.
Your claim is more of an ERISA claim than securities claim. You should look at the retirement plan documents because that will largely control how you go forward. You will likely need to exhaust your administrative remedies as described in the plan documents. Find a local attorney who handles ERISA cases as soon as you can. The deadlines to make a claim can be short.
Please keep in mind that we do not represent you and that more information would be needed to fully and accurately evaluate your case. Further, you should seek representation because your matter is governed by strict time limits.
I'm not sure you were employers right about his obligations. ERISA Is a pretty strict. I realize that your claim is only for maybe $10,000. Still it's worth bringing.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline