Filing a claim against a surety bond

Discussion in 'Ask An Owner Operator' started by TX_Proud, Jan 4, 2007.

  1. Brickman

    Brickman Trucker Forum STAFF Staff Member

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    My company is still owed $2400 that we'll never see. From a few years ago before I was on with Landstar, now I have no money worries like that.
    I've given up on ever seeing it, the company filed "B" 2 days after I loaded while I was still in transit, the case has been in bankruptcy court for several years now, with a long list of creditors putting our "small" claim way down the list of importance.
     
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  3. lil daddy

    lil daddy Light Load Member

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    I've had a few buddy's haul loads for brokers who ran them for a month and then filed backruptcy, and as far as I know they never recieved payment, one I know of for sure has $27,000 worth of invoices that he was never paid on. That was a 1.5yrs ago and he's still getting the run around from court attorneys.

    I don't know how your business is set up, but I would suggest that you find yourself 3 maybe 4 brokers at the most and establish a relationship with them and when you can't get loaded with them sit. 3 or 4 that will pay you 1/2 of your money upfront(even if you don't need it that way if things go south at least you will have 1/2 of your money anyway) and 1/2 upon receipt of BOL's. Don't go for that 7,15 and 30day wait crap. No one needs to hold your money that long. This is one of the biggest mistakes that I see alot of guys making, running with numerous brokers that you don't know and that is a sure way to get burned.
     
  4. jasonb1

    jasonb1 Bobtail Member

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    Go to the FMCSA website which is www.fmcsa.dot.gov. Click on Registration and Licensing. Then click on the SAFER system which is under find company's status. Next click on Licensing and Insurance and Input the MC number of the broker. Next click on Insurance History which will give you the name and a link to the Broker's Bond company information. Click on that and you will get the address and phone number of the company. Call them and they will give you their procedures to file bond which is usually submitting them copies of the Rate Agreement, BOL, and Broker Agreement. They may also want a confirmation on the date the broker received the BOL. Most broker agreements allow 30 days to pay. If they're giving your the run around file on the bond and they will usually pay up quick. If they don't pay at least you're saving your place in line because if they go out of business only the first $10000 in claims will be paid.
     
    Ruthless Thanks this.
  5. MedicineMan

    MedicineMan Road Train Member

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    WHy do people use facotring companies to insure payment when the factoring comany turns around and charges them when the broker doesn't pay? it seems to me like you people are just giving money away. Hell if you all have so much money you can send me some.
    Hell, I have a few grand. I'll start factoring loads for you it's a no win win situation
     
  6. TX_Proud

    TX_Proud Light Load Member

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    Factoring is a tool and also offers a means to allow an individual or a company to keep a steady cash flow and not tie up personal credit and/or lines of credit which would be available for personal use. Expecting anyone to take on your debt without you having any "skin in the game" is unrealistic. As a business owner, you should be doing due diligence to ensure that the brokers and/or customers you choose to work with can pay for the services you provide. You could choose to subscribe to one of many credit agencies out there at about $700/year on average to get an idea of credit ratings and payment histories. Or the various load boards also offer an additional feature (for a cost) to also help in determining if a load is worth taking. Of course, D&B is also available (for a fee). Some brokers offer a quick pay option for a fee, sometimes as high as 5%. Some also offer cash advances (for a fee). Factoring companies are also very aggressive in collections and reporting payment histories to credit bureaus. How much time, effort and money are you willing to invest? A lawyer could cost you a nice coin if you have to exercise some muscle. Do you know how to file on a broker bond if need be? A factoring company provides these services to you. They have their own payment history data and also utilize D&B and other credit reporting agencies to determine risk factors.

    To think that factoring companies provide absolutely no value to your business is very short-sighted IMHO. We use one and my average (with only 1 uncollected invoice recoursed) is less than 3%. My cost per mile includes my factoring costs, and quotes to slower paying brokers/customers also includes an appropriate premium for the additional monies it costs me above my business plan. And I have the added assurance that I have cash in the bank, money for fuel, can pay my bills and feed my family and still make a nice profit. If you take cash advances or use quick pay, what benefits do you get with this "added" service? If you are using credit cards and carrying the balances each month, are you getting anything for the interest you pay?

    The goal is to do what you do best and let others do what they do best. As long as you know what you are getting into, how it benefits your business, and have accounted for the cost in your rate structure, how can that be a bad thing?
     
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