I had a 401k plan with a company that I left several years ago and since went out of business and so their 401k plan was rolled over into a generic IRA plan.

I want to roll the IRA over into the 401k plan for my current company. However, the old company had entered my birthdate incorrectly in the account forms. So when I call the company now or submit forms to them, they claim that they are not able to verify my identity and thus they won't talk to me.

What recourse do I have?


Ultimately, it would be possible to bring suit against the trustee of the plan or the bank managing it to demand access and such a suit would be unlikely to go to trial. This is governed by federal law, so either party could remove it from state court to federal court if it was not brought initially in federal court.

Once it got to that stage, the trustee would probably promptly settle the case. But, a demand letter for a lawyer or other correspondence corroborating your identity to the trustee or bank with copies of ID documents and documents showing your prior employment could probably resolve the matter less expensively.

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