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Asked 9/14/2010

401K loan deduction stopped by payroll error must default.

After a few years of corporate schuffling and outsourcing of payroll, I recently found out after a second 401K fund management transfer by the employer that I have 24 hours to settle a 401K loan or defualt since the payroll firm suddenly stopped my payroll deduction for the loan payments over 6 quarters ago. The reason I did not catch it is I recieved a pay raise and also increase my pre-tax 401K deduction so my net pay was lower than the previous year (thus not see a jump in my dorect deposits).

My employer states it is my fault but I never initiated the stoppage of the deductions as it was an error in the payroll outsourcing transition. Is the employer, payroll firm, or the 401K fund manger liable?

I must default as I do not have they money to pay off the loan.

 
 
 
 
 
Answers

Answer 1/3 - Submitted 9/14/2010

Do you not get a payroll statement/pay stub?

 
 

Answer 2/3 - Submitted 9/14/2010

Yes, but I did not recognise the loan payment missing from the stub since the layout of the stub had changed. I would think one should be notifed after a few missed payments but after more than 24 missed payments (>1 year) I still was not notified.

 
 

Answer 3/3 - Submitted 9/14/2010

Since there have been errors, any of the parties can be held responsible but you're going to have to prove it. The loan can be paid off with proceeds from the 401K, but it will create another loan and more fees. I suggest you get an attorney who can get records from all of the people and then find out who actually dropped the ball, who can then be held liable for te error. You can also be held liable for not tracking your debts so any error will not result in anyone paying you damages, just straightening out the error.

 
 
 
 
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