Chino Hills, CA asked in Securities Law, Social Security and Identity Theft for California

Q: Can I recover funds from 401k after someone used my social security to work with it

The 401k is from the company where they used my social security

1 Lawyer Answer
James L. Arrasmith
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Answered

A: This situation involves identity theft and unauthorized use of your Social Security number, which is a serious crime. Your first step should be to file a police report and contact the Federal Trade Commission (FTC) to report the identity theft - this creates an official record of the fraud and can help protect you legally.

Contact the company's HR department and the 401k plan administrator immediately to report the fraudulent account. You'll need to provide proof of your identity and documentation showing that you never worked for this company. The plan administrator can freeze the account to prevent further unauthorized access while investigating the situation.

You may be able to recover these funds, but the process can be complex and may require legal assistance. Consider working with an attorney who handles employment and identity theft cases - many offer free initial consultations to evaluate your case. Also, notify the Social Security Administration about the misuse of your SSN, and check your credit reports for other potential fraudulent activities. The sooner you take action, the better your chances of recovering the funds and preventing further misuse of your identity.

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