Legal Question in Legal Ethics in Texas

I left my job and requested to withdraw my 401 plan. The company Prudential sent out a check but by the time it reached me we had moved because our landlord foreclosed with the bank. Prudential sent the check UPS and the driver left the check on the ground at the front door of our old house because there was no signature required. The house was empty, no knobs on the doors, and a big red vacant sign was on the window. I called on Dec. 12, 2011 to report that I had moved and the check was stolen and to put a stop check on it. They said it had not been cashed yet. I gave them the new address and phone numbers. By the end of Dec. they had not gotten in touch so I called them again. They said that someone cashed the check on the same day I did the stop check so I had to go through a fraudulent procedure. They mailed out forms, I signed them saying the signatures were not mines on the copy of the check they sent me. I had to get these notarized and sent back to them. I did this the beginning of Feb. as soon as I got them. Now its going on March 2012 and they are saying they just put this info in the system and it can be 10- 12 more weeks for the process. They said they are waiting for the bank that cashed the check to send them their money and then they will send me mines. I feel that this is all unfair that I have to wait so long for money that belonged to me and they now know it was not me. Furthermore I feel that the driver was wrong for leaving it at the door of a vacant house. Prudential was wrong for not requiring a signature for retirement checks which are usually alot of money and very important to people. Then to charge someone extra for speedy service and then not to require a signature and to then take this long is just too much. Is there any legal actions I can take to speed this process. I feel they are giving me the run around and then they act like I am nagging or bothering them when I call to check on this issue.

Asked on 2/28/12, 3:30 pm

Mark Dunn Mark D. Dunn

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Write a letter to them TODAY. Tell them what you told me (that is, the history of what happened).

Tell them that if you don't have a check from them within ten days, you will sue them for conversion.

Send the letter by certified mail (postage will be less than $6).

For dramatic effect, you could enclose a petition that you plan to file.

Answered on 2/29/12, 8:14 am

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