Getting paid

[hotshoe36]

Aside from hiring a lawyer or a leg breaker, does anyone here have a standard operating procedure for getting the money you are owed? Promises and platitudes don't go far towards paying the rent.

[ralph]

Are you referring to being paid as an employee or as a contractor or as a carrier?

[hotshoe36]

Well, not as an employee. That one is a no-brainer, and this is an owner-operator forum. Either of the other two will do if you have a solution in place. What a sh*t life this is when you have to spend 90% of your time earning money, 10% keeping the equipment ready to work and another 10% trying to collect what you have earned.

Yes, I did the arithmetic.

[ralph]

Sorry, didn't realize which forum you had posted in.

Trying to collect "legally" from your "leased to" carrier can be challenging. Small claims court is the legal way. Obviously you have tried the communication route to no-avail. In a last case scenario you could load some freight and hide (yourself and your truck/trailer) and hold the freight hostage. NOT legal, but when you're not getting paid who gives a ****! Tell them to deposit the money in your account and when it arrives they can have their freight back. Yes it screws a customer around (possibly an innocent customer) BUT you get paid. Other thing you may try is to seize/hide a piece of the carrier's eq. Again NOT legal but if you get paid who cares!

[hotshoe36]

H'm. These are both methods I've heard about, but a fella in my position (astonishingly attractive to cops) can't really afford to expose himself to the protectors of larger corporate interests than mine.

[Pipeman]

If you hauled equipment that has a Serial Number, file a lien against it.

If you pull their trailer, get the serial number and file a lien against it.

[hotshoe36]

Pipeman, thanks.

[Mercenary]

I like Ralph's idea. I know it wouldn't work for everyone but that sounds like a good way to handle problems like that.

Pipeman...I think the lein thing only works if the company in question is actually trying to sell the item that the lein is against. I could see it working if you hauled a brand new piece of equipment to a dealer but if you just hauled somebody's junk to their yard and they had no plans on selling then it could take quite some time to get money out of them.

[hotshoe36]

Ralph's idea would not work for me because I have a history of questioning authority, a behaviour of which authority traditionally disapproves in the strongest possible terms. If I stole something (unauthorized repositioning of someone else's equipment can be described - and charged - as theft) they would very quickly come for me, and then I would be relieved of my liberty. This would have a deleterious effect on my ability to earn that which others steal.
Thank-you, no. I am a family man, and if I cannot do it legally, I must have plausible deniability.

[ralph]

Ralph's idea would not work for me because I have a history of questioning authority, a behaviour of which authority traditionally disapproves in the strongest possible terms. If I stole something (unauthorized repositioning of someone else's equipment can be described - and charged - as theft) they would very quickly come for me, and then I would be relieved of my liberty. This would have a deleterious effect on my ability to earn that which others steal.
Thank-you, no. I am a family man, and if I cannot do it legally, I must have plausible deniability.

I suggested 3 methods ONE of which was legal.

[Pipeman]

You can lien and get a judgement to sell the item.

[Mercenary]

Unfortunately that takes time. While Hotshoe might get his money down the road it does little to solve the situation short term.

Its pretty ****ty when a guy can't get paid for work performed.

[hotshoe36]

I suggested 3 methods ONE of which was legal.
Yer right. Mea culpa.

I don't have a short-term issue, Mercenary. Things are a little tight as I've been paying for an engine overhaul as quickly as I can, but we can manage for a while unless several of the wrong other things screw up. But it has put my gear change back a bit. No, this information I'm getting is for future reference (the current problem may resolve itself soon). I intend to stay in this business for a time, andI would like my alliances to stay productive as much as possible.

[Mercenary]

Well here's hoping everything works out for you Hotshoe.

[Mr Bee]

This may cost a few bucks, but try contacting a lawyer about sending a letter to the carrier. A lawyer may also inform the people about collection processes and how it can effect credit ratings.

Please let us know how you situation gets resolved.

[hotshoe36]

The resolution of this current issue is in process, like I said. I'll let you know in a month or two how it went.

[norrie99]

Start rejecting trailers on your pre and Post trip inspections. That will get there attention. Might tie up some of your time but hey who wants to work for nothing anyways. If that dont work. I know the number for Guido and the boys. and they are not very nice people but they take 50% collection fee

[hotshoe36]

Start rejecting trailers on your pre and Post trip inspections. That will get there attention. Might tie up some of your time but hey who wants to work for nothing anyways. If that dont work. I know the number for Guido and the boys. and they are not very nice people but they take 50% collection fee
Too late for the first procedure, and use of the Guidos to collect would be unkind, and possibly illegal. I would never do anything illegal. And if I did, I would certainly deny it.

Mr. Bee, yours is plan "B".

I will advise as to progress. There ought to be a standard operating procedure in place, as common as this problem appears to be. In a perfect world, only the slipshod, low-grade truckers would get screwed out of business, but that ain't the way it is, is it? Not here, at least...

[Noname]

Sorry, didn't realize which forum you had posted in.

Trying to collect "legally" from your "leased to" carrier can be challenging. Small claims court is the legal way. Obviously you have tried the communication route to no-avail. In a last case scenario you could load some freight and hide (yourself and your truck/trailer) and hold the freight hostage. NOT legal, but when you're not getting paid who gives a ****! Tell them to deposit the money in your account and when it arrives they can have their freight back. Yes it screws a customer around (possibly an innocent customer) BUT you get paid. Other thing you may try is to seize/hide a piece of the carrier's eq. Again NOT legal but if you get paid who cares!

Not legal in the sense that this is a criminal offense of Theft over 5000, or a civil offense under tort law?

Have you ever tried Factoring your freight bills?

IMHO Get them the principles to sign a contract, and get the first and last pay period upfront as a retainer before you start any job with a new dispatch. Get their ID and verified legal mailing address photocopied to the contract, both sign it, and get it notorized. That's the bulletproof way. Small Claims court takes up to 11 months to succeed.

[OilPatchTrucker]

Aside from hiring a lawyer or a leg breaker, does anyone here have a standard operating procedure for getting the money you are owed? Promises and platitudes don't go far towards paying the rent.
366
MAybe he can help???

[OilPatchTrucker]

Aside from hiring a lawyer or a leg breaker, does anyone here have a standard operating procedure for getting the money you are owed? Promises and platitudes don't go far towards paying the rent.
I threatened a lien once and got me money right away..

[poorboy]

I threatened a lien once and got me money right away..

You can always sell your invoice minus 10% to collections company and get your money within 24 hrs and they will go after them everyday I was forced to do the same couple times now I am very picky who I take loads from
Posted via Mobile Device

[Grimm]

You can hold freight ransom and it is the best way to get paid. How do you think trucking companies collect from brokers that owe them money?

The company calls the broker and says "Your freight is here at our facility,on our trailer and won't be shipped or moved until restitution for outstanding monies is paid."

Naturally the broker freaks and calls the authorities informing them that "You have stolen their freight!"

The problem herein lies that the police will simply tell them that if they know where their freight is then it is not considered stolen and the matter becomes a civil issue. Now it becomes the brokers turn to consider litigation and most know exactly how that branch of the law works and will simply pay.
Brokers usually pay within several hours once they get this kind of notification.
MAKE SURE THAT THEY PAY YOU UPFRONT FOR BOTH LOADS OTHERWISE YOU WILL BE CHASING THEM FOR THE CURRENT LOAD UNDER YOUR CONTROL.
This can only be done on the assumption that you will no longer be doing business with them in the future,if you're smart you find someone else to haul freight for.

Not paying is becoming a very common issue. Freight brokers withohold pay hoping you'll go through small claims(which has no real authority to force people into paying.) Remember that payment usually can be withheld in this industry for as much as 90 days,so go figure how many loads can be shipped by a non payning broker that is lining their pockets. You can cut the hell out of a rate if you have no plans on paying the carrier.
Brokers are making money on the hope that small independants will go under or give up before they have a chance to collect the money and that bigger companies will simply write off the costs of the load.

[Marmaduke]

How do you avoid these crooks ? Back when I was a truck owner it was common to have to wait 90 days for payment thats why I never got my own authority because I didn't have the funds to operate 1 truck for 3 months or afford the risk of not getting paid. I knew several that did take the risk and lost everything. I have heard of getting paid half up front and the other half when you give them the bill, is that common or a sham? Is there credentials to look for when choosing a load broker?

[end of the road]

If you are a sub-contractor, you are in essence the carrier and the company is brokering the loads to you. By law the shipper and/or the consignee are ultimately responsible to pay for the shipping whether their broker (the one who owes you money) pays or not. That being said, what I have done in the past is this...

Prepare two letters.

First one addressed to the shipper and consignee stating that they could be on the hook for payment to you unless the broker pays his bill. Make sure you do your homework and site the section of the Truck Transportation Act that pertains to this case. Be sure to say that you are prepared to take this to small claims court and the law is very clear and they will be held responsible for the transportation costs as well as possible recovery costs (legal fees)

Second letter is a demand letter for money from the one who owes you money. State they must pay you within 6 days or the letters addressed to the shipper and consignee will be sent to them and you will pursue this through legal means.

I find this works because they want to avoid embarrassment and the strong possibility of losing the customer. You letters must be professional and courteous but firm. If this is beyond your skill set ask for help, you won't get a second chance.

I used to have form letters that I used and they worked well. Some brokers are scum but no matter what business you are in, everybody understands how hard it is to find and keep customers and very few are willing to risk losing them.

I wish you luck.

[end of the road]

You can hold freight ransom and it is the best way to get paid. How do you think trucking companies collect from brokers that owe them money?

The company calls the broker and says "Your freight is here at our facility,on our trailer and won't be shipped or moved until restitution for outstanding monies is paid."

Naturally the broker freaks and calls the authorities informing them that "You have stolen their freight!"

The problem herein lies that the police will simply tell them that if they know where their freight is then it is not considered stolen and the matter becomes a civil issue. Now it becomes the brokers turn to consider litigation and most know exactly how that branch of the law works and will simply pay.
Brokers usually pay within several hours once they get this kind of notification.
MAKE SURE THAT THEY PAY YOU UPFRONT FOR BOTH LOADS OTHERWISE YOU WILL BE CHASING THEM FOR THE CURRENT LOAD UNDER YOUR CONTROL.
This can only be done on the assumption that you will no longer be doing business with them in the future,if you're smart you find someone else to haul freight for.

Not paying is becoming a very common issue. Freight brokers withohold pay hoping you'll go through small claims(which has no real authority to force people into paying.) Remember that payment usually can be withheld in this industry for as much as 90 days,so go figure how many loads can be shipped by a non payning broker that is lining their pockets. You can cut the hell out of a rate if you have no plans on paying the carrier.
Brokers are making money on the hope that small independants will go under or give up before they have a chance to collect the money and that bigger companies will simply write off the costs of the load.

That is called theft by conversion, and you cannot hold freight in lieu of payment of a debt that does not involve that load. If you do hold freight never say it is being held for that reason. I used to say my truck broke down that has your freight and in order to get it fixed it is going to cost X. X was the amount they owed. If you do this DEMAND cash or certified cheque, no other options. Been down this road as well. Police may call but it is a civil matter and will not get involved unless you say you are holding freight in lieu of previous debt.

[Ynot Cal]

Great Ideas but when you have a truck like mine with a Satelite, Try hiding that shipment. Tracks your route and they would know where trailer is

[lostNfound]

Great Ideas but when you have a truck like mine with a Satelite, Try hiding that shipment. Tracks your route and they would know where trailer is

Not hard to bypass... it has been done. ;-)

[Ynot Cal]

:rofl2[1]:Where there's a will , there is always a long line of relatives:rofl2[1]:
there is a way

[junior]

Some of these posts are down right funny some are well ridiculous. If I read the original posts correct he is working for a carrier that is not paying him. While this does happen most of the blame is on his shoulders for not doing his homework and going to work for the crook. You can hold freight hostage but that wont get you paid by your carrier it may piss his customer off but wont get you paid. In the past I have had to hold freight hosatge to get my money works real well too. But I am the carrier not the owner op looking for payment. Is leagal recourse is through the courts and his chances of collecting are 50-50 sometimes the carrier will pay but alot of these crooks will just go bankrupt and start again.

Please PM me with who this is I maybe able to help mabe not..

[Ynot Cal]

Maybe the man is a little to blame for not doing his homework, but does not excuse the A**hole for not paying. bet you they got paid.
And oh yeah here is a perfect case of shooting the guy, invite him over and when he gets there on your property SHOOT HIM and then pray to get the same judge as Mr Knight did. You get 90 days all expenses paid holiday
The man delivered the load did his job, Pay The Man.
always the good who pay for the bad

[kevin_sidey]

Different but same kind of situation. Back in the day, I was getting stiffed on a load. I even waited the 90 days. Broker was still in business, but a crappy payer really pissing me off. This guy had a single shared phone/fax line. When it got ugly, he told me to go do whatever I was going to do. Talked to a buddy of mine who has some tech savy. So, one Monday morning, REALLY EARLY, we loaded a copy of the bill into my buddy's fax server, and programed the fax to send a copy 9,999 times to his fax (max it would allow). Tied up his entire business day with the bill. Everytime it rang, it squeeled in his ear. As soon as it was done, another fax came right behind! I guessed he tried everything to get it to stop, but as soon as it was able, it rang again and again!

Not illegal, but really nasty. And really really funny!!!

He called me from his cell, asked me to shut it down. I said I'm going to keep doing what I do until I get paid. I got a cheque Fed Ex'd to me by the next day.

[Ynot Cal]

:rofl2[1]:
ve have vays of makin u talk,,,,,yavull herr commandante