Narrative:

We were approaching our assigned altitude of 2000', heading north. Approach advised us of traffic at 11 O'clock, eastbound, altitude unknown. We were in a solid cloud layer at the time. Approach then said the target was 11:30, less than 1 mi. We broke out the overcast, but our forward vision was obstructed by a broken layer. We went through a small cloud and the target was directly ahead, at our altitude, approximately 300' away. I disconnected the autoplt and simultaneously turned left and pushed over, which caused us to pass behind and below the other aircraft (a single engine small aircraft). I don't believe the pilot never saw us (although [south]he probably heard us after was passed). We are convinced the pilot was not operating in legal VFR conditions. The controller told me later on the phone that they lost the target after our encounter.

Google
 

Original NASA ASRS Text

Title: ACR HAS NMAC WITH SMA IN MIXED WX CONDITIONS.

Narrative: WE WERE APCHING OUR ASSIGNED ALT OF 2000', HDG N. APCH ADVISED US OF TFC AT 11 O'CLOCK, EBND, ALT UNKNOWN. WE WERE IN A SOLID CLOUD LAYER AT THE TIME. APCH THEN SAID THE TARGET WAS 11:30, LESS THAN 1 MI. WE BROKE OUT THE OVCST, BUT OUR FORWARD VISION WAS OBSTRUCTED BY A BROKEN LAYER. WE WENT THROUGH A SMALL CLOUD AND THE TARGET WAS DIRECTLY AHEAD, AT OUR ALT, APPROX 300' AWAY. I DISCONNECTED THE AUTOPLT AND SIMULTANEOUSLY TURNED LEFT AND PUSHED OVER, WHICH CAUSED US TO PASS BEHIND AND BELOW THE OTHER ACFT (A SINGLE ENG SMA). I DON'T BELIEVE THE PLT NEVER SAW US (ALTHOUGH [S]HE PROBABLY HEARD US AFTER WAS PASSED). WE ARE CONVINCED THE PLT WAS NOT OPERATING IN LEGAL VFR CONDITIONS. THE CTLR TOLD ME LATER ON THE PHONE THAT THEY LOST THE TARGET AFTER OUR ENCOUNTER.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.