[nechelle10]

I was working for a very small business which I had a 401k plan with. I wanted to get a loan to have a much needed surgery and discovered that everything was on hold because the admin over the account was delinquent on a bill. I worked for this employer for a year, begging him to pay his debt so I can complete my rollover. After that he closed down and ran away. Two years later my 401k goes from $24,000+ to $17,000+. He has paid his debt (after 2 years of HARDSHIP)and they are releasing my funds. If he would have paid his debt when I asked, I would have 'cashed out' with more money. My question is can I send him to court for the remaining of my 401k?

[Fr_Chuck]

First why did his debt freeze a 401 K, it should have been invested in an account and the company have no ties at all to the money.
You could try, but assuming the 401K was put in an investment account it is what it is, if it had been worth 30,000 you would not have wanted to give them the extra.

Back when they would not give you the money was when you were or should have sued to have the money released, since it was your money, not thiers

[ScottGem]

I suspect you misunderstood something. A plan is administered by a third party. Generally the fees for administering a plan are taken from the investment income not fees paid by the company. Though it could be that way.

If you can prove that someone violated their fiduciary responsibility you might have a case. But that's not going to be easy to prove.