Employee Match Investment Plan

[Guest carrolgd]

I applied for a Hardship withdrawal to prevent eviction. My letter from my ladlord states: PLEASE BE ADVISED THAT YOU HAVE EIGHT (8) DAYS IN WHICH TO REMIT THE BALANCE DUE. AFTER 8 DAYS YOUR ACCOUNT WILL BE REFERRED TO OUR ATTORNEY TO SECURE PAYMENT DUE AS WELL AS REGAIN POSSESSUION OF THE LEASED PREMISES. Please avoid additional fees for attorney and court cost by paying tje Total Balance Due within (5) days from the date of this official notice.

It has the amount on the letter and it is dated. It also has been cc'd to their attorney. Now they're telling me that I need to show them a notice to quit and vacate the premises and that my letter was insufficient because it does not say eviction. It says regain posession. It means the same thing. I live in Missouri. Is this right?

[QDROphile]

The plan administrator has discretion in the determination about whether or not you are close enough to eviction to qualify for a hardship distribution. Overdue rent , by itself, is not enough. In my personal view, the letter is enough for a plan administrator to justify the distribution unless the plan administrator knows of something that undercuts the threat (such as state law or procedures that delay evictions for a material amount of time -- which is suggested by the administrator's comments). You might ask what the plan administrator expects before approval (maybe you have that now) or why the administrator does not think eviction is imminent so you can address the specific concerns. The failure to use the word "eviction" is not fatal in light of the "regain possession of the premises" statement, assuming that we are all speaking English. You may have to educate the administrator if the administrator is mistaken about eviction proceedings and documents.

There may be reasons apart for the eviction that are in the way, such as whether or not you have other resources. Ask for all reasons for the denial.

[Guest carrolgd]

Here is a copy and paste of their reason: We need a letter from your landlord stating eviction is pending or a court

document stating eviction is pending. This is often referred to as a Notice

to Quit and Vacate Premises.

From what I read...a hardship withdrawal can be used to prevent eviction. He's wanting a notice to quit and Vacate. Usually, that is too late.

There is no other money coming through to where I can pay this. The only thing I get is a paycheck twice a month. Can they use that? They are telling me though the reason is different.

Thank you for your help by the way.

[QDROphile]

All can say is that I personally think they are being too stiff. I am ignorant of the state law and procedures that apply, so I cannot evaluate how close to eviction you are.

[Guest carrolgd]

Of course I agree. I'm trying to find out exactly what their checklist is that decides this. I've argued back and forth with them through e-mail and over the phone and they keep telling me that the letter needs to read that eviction is pending and that I need a date as to when to vacate. They keep blaming the State Guidelines for the rejection but I really don't think the state made the wording of a letter to have to be exact like they say. I guess I'll keep trying to locate these guidelines.