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Need to get paper work singed. Would be trespassing to do so

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yuppiefood

Junior Member
What is the name of your state (only U.S. law)? VA

I would like to roll over my 401k from a place I worked at 20+ years ago to a different account. To do so I’m being told I have to have the paper work singed by the head of HR. When I left there I was told by HR that if I every returned to there property I would be arrested for trespassing; this lady is now the head of HR. I sent her an email Monday morning (will post below) and she has not responded. I have called the company once every day to see if she was working and have been told she is in her office. After I turned in my 3 week notice there were some rude things said by both parties and became hostile on there side.

“Hi. This is ____ Wi_____ and i would like to stop by today before closing to get my 401k paper work singed. If today is not good we could set something up for late afternoon one day this week.

If the main entrance is not where i need to go please let me know.

I prefer to respond with email for setting up this appointment.
____ ______
(5__) ___-2___”

My under standing is if I have an appointment it would not be trespassing. I would print the email and carry it with me in case there were issues.

I have talked to the 401k company; they will only give me her current email witch I all ready have and tell me they can not process my paper work with out her singing it and it needs to be singed before sending it to the financial institution.

I tried calling the non emergency police number to see if they could give me advice on how to proceed, but there only response is this is a civil matter and will not talk about it.

I'm sure there is a simple solution to this problem, but I see this with clouded eyes.
 


Zigner

Senior Member, Non-Attorney
Why don't you use snail-mail?

Send it certified, return receipt requested.
 

justalayman

Senior Member
“Hi. This is ____ Wi_____ and i would like to stop by today before closing to get my 401k paper work singed. If today is not good we could set something up for late afternoon one day this week.

If the main entrance is not where i need to go please let me know.

I prefer to respond with email for setting up this appointment.
____ ______
(5__) ___-2___”

My under standing is if I have an appointment it would not be trespassing. I would print the email and carry it with me in case there were issues.
Um, you don't have an appointment. You putting a possible date and time you are avaliable, even if you give a negative response affirmation, is not an appointment. It is simply something to make it convenient for them so they know to tell the cops you will be there at such and such time on such and such date.

You can wait for a response, wait a reasonable time and send another email, send tons of emails hoping she will respond due to your harassment (that is meant tongue in cheek and not actual advice), send the letter snail mail certified, or maybe try calling.


Along with what you wrote above, you might try a bit of butt kissing and swallowing of your pride and apologize. Ignoring the reason they booted you will likely not go unnoticed.
 

cbg

I'm a Northern Girl
I am one of the people who signs off on such transfers for my employer. I cannot tell you how many of them we receive in the mail, scanned and pdf'd or even by fax (if the vendor will accept a fax). In fact, we prefer them to be mailed since there's research we have to do (confirm dates of employment, verify spousal signatures, etc.) and there's no guarantee that someone who has signing authority will be free to do all that when you turn up. If the forms are complete when we receive them, we will forward them on to the vendor for you when we've signed off.

So I would recommend mail. Certified, return receipt requested. A stamped self addressed envelope if you want the forms back - a stamped envelope addressed to the vendor if you don't.
 

LdiJ

Senior Member
I am one of the people who signs off on such transfers for my employer. I cannot tell you how many of them we receive in the mail, scanned and pdf'd or even by fax (if the vendor will accept a fax). In fact, we prefer them to be mailed since there's research we have to do (confirm dates of employment, verify spousal signatures, etc.) and there's no guarantee that someone who has signing authority will be free to do all that when you turn up. If the forms are complete when we receive them, we will forward them on to the vendor for you when we've signed off.

So I would recommend mail. Certified, return receipt requested. A stamped self addressed envelope if you want the forms back - a stamped envelope addressed to the vendor if you don't.
I agree with this advice wholeheartedly, but I will add that if the HR person does not follow through based on your snail mail letter, then I would recommend a letter to the CEO of the company. No matter how nasty your leaving was, they cannot refuse to cooperate with you rolling over your 401k.
 

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