Southern Refrigerated Transport needs to pay their debts

Discussion in 'Report A BAD Trucking Company Here' started by bullet18, Jan 13, 2015.

  1. bullet18

    bullet18 Bobtail Member

    28
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    Aug 10, 2008
    Phelan, CA
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    In October of last year, I won a 5K+ labor board dispute with SRT over withholding my last paycheck. It was a year long process.

    I had put my notice in, gave them the appropriate two week notice, and they kept sending me everywhere but home or close to the yard, two weeks more AFTER my two week notice should have been up, I deadheaded home, put their truck in the secured yard they have here, an employee signed off that I left the truck, I videotaped it showing it it great condition and everything inside and intact...right down to the cheap disposable accident camera.

    They withheld my last (measly maybe $200 check) and on top of that tried to charge me $3k to get the truck back to Texarkana. Citing I abandoned it. Um....no.

    The labor board agreed it was an illegal practice. On the date of the hearing, SRT faxed a letter over to the board asking if they could just attend by phone - they didn't feel like sending someone out to California. The judge refused, letting them know that people come from all over to argue claims and they would be treated no differently. They lost the case, and never appealed it.

    Now they are ignoring all attempts to collect it, which is somewhat dumb, since all it is doing is collecting interest they have to pay and any further action I must take to collect it they are liable for.

    Question - do you think I should contact Covenant since they are the parent company? Or just go straight to liens and other remedies?
     
    superflow and DustyRoad Thank this.
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  3. drvrtech77

    drvrtech77 Road Train Member

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    Since you have documents proving you won your case....file leins...also notify california labor board ad well of they have to be notified as well of refusal to pay...also possibly seek a court order
     
    skibum_63 and superflow Thank this.
  4. superflow

    superflow Road Train Member

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    I would throw the kitchen sink at em too ,just for being a pain to deal with & for thieving off you
    ....way to go bullet ,maybe they will think twice before pulling this kind of thing on the next driver ...thnx on behalf of
    All us drivers
     
    OPUS 7 and Arkansas Thank this.
  5. 77smartin

    77smartin Road Train Member

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    Apr 3, 2011
    I dunno.
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    Call the TV investigative reporter in your town or theirs....Rafael Sanchez is the man in Indy...he would make SRT deliver that chedder to you in person.
     
    superflow Thanks this.
  6. Lonesome

    Lonesome Mr. Sarcasm

    10,215
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    Dec 15, 2007
    Northern Indiana
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    What does your attorney say?
     
    Menehune Thanks this.
  7. scottied67

    scottied67 Road Train Member

    10,788
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    Mar 14, 2010
    california norte
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    Shouldn't talk about this until it is all resolved and settled up.
     
    T_TRUCKER• Thanks this.
  8. bigblue19

    bigblue19 Road Train Member

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    Mar 30, 2007
    Midland WA
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    A friend of mine got a 100k judgement agianst a SGT in the LAPD and her case was featured on a national talkshow because it was a Cal Supreme Court case. This was back in the early 80's
    and she has not seen a nickel of that 100k. The cop moved to AZ and has no ownership assets in CA.
    What does SRT own for assets in CA since they are based in Arkansas? I am betting this judgement is only enforceable in CA, which is why they felt no need to show up.
     
  9. skibum_63

    skibum_63 Road Train Member

    2,176
    918
    Oct 12, 2007
    somewhere, USA
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    yes, file leans and ask the court to add on more fines, for failure to comply with the court's ruling
     
    superflow Thanks this.
  10. aknntharnld

    aknntharnld Bobtail Member

    3
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    Oct 19, 2012
    lamar, missouri
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    Go strait to liens and maybe try to get their authority suspended in California. Seek lawyer advice on this to see if it is possible. If you can they will pay ASAP to get authority back.
     
  11. DustyRoad

    DustyRoad Road Train Member

    1,540
    17,104
    Feb 23, 2011
    Gulf of Mexico
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    SRT has money....but you ain't going to get it unless you file a claim in Arkansas!

    Individuals
    The basic rule is that state courts–including small claims courts–only have the power (lawyers call this jurisdiction) to hear cases involving individuals who live in or are present in the state. If you want to sue someone who lives in another state and doesn't travel to your state, you will have to sue in the state where the person lives, not in the state where you live. Often you can file papers by mail, but normally you'll need to show up in person on court day. (Some states allow people on active duty in the military and occasionally others to present their case entirely in writing.)
    http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter9-2.html

    But there is still the question of abandonment....

    SRT has a policy that equipment must be turned into the Texarkana Terminal, as per the contract agreement you signed when you got hired. It clearly states that you agree to return their property to their location in AR. And if not, then the driver will be charged for abandonment and the recovery fee.

    You may request a copy from them at 800-288-8102 (home office)

    Then there is the proof of burden you must show to a court that you had permission to leave their unit at a "secure" lot.

    Most likely the claim you file will be countered by them, resulting in you receiving zero, after having to either take them to small claims court ( traveling to AR) or hiring an out of state attorney to represent you.

    BTW, they have probably put an Abandonment on your DAC report.

    SRT is not ignorant to the law....They know exactly how to protect their assets and make it very difficult for drivers to collect on a judgement from out of state.

    The bottom line is how far are you willing to go to collect $ 200.00 plus expenses (determined by the cost to sue).

    You might not like it, but it is what it is!

    Good luck!
     
    Last edited: Jan 17, 2015
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