Broker Witholding Pay With Clean Bills...

Discussion in 'Ask An Owner Operator' started by mrbamcclain, Nov 30, 2015.

  1. mrbamcclain

    mrbamcclain Light Load Member

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    Hammond, La
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    Ok here's a new one on me...

    Picked up a load of poultry 11/25 for delivery 11/27. Broker agreed to pay extra for holiday transit.

    Headed out 11/26 to Laredo 750 miles. BOL temp required 20 broker requested 10. No biggie.
    Few hours down the road reefer is leaking freon. Call up Thermoking for emergency service and inform broker of breakdown. This was around 9PM. At that point I'm about 8 hours out from Laredo. Down until 2AM. Box temp rose to 34.

    Now here's where it gets tricky...USDA inspection is FCFS between 7-9AM. At 7 broker calls and asks if I'm checked in at dock. I tell him no, had an issue last night and called in to inform after hours of situation.
    Broker tries to get belligerent over phone and threatens refusal of extra pay. I say well there's a contract that we each signed and nowhere in contract does it state fines for late delivery. He says fine well just hustle on down there and get unloaded. I say ok I'll call receiver and make sure they know I'm coming in and can find out whether they'll take load or not. At this point I'm thinking if they are not going to take it I can backtrack to my house and then head back out 11/29 for Monday delivery.
    Broker says no don't call just head on down they'll take you. Of course we all know what happened when I got to receiver.

    So, check in this morning. Get inspection. Unloaded. Clean bills. Prepare invoice and required paperwork to send in to broker. Some little punk calls in and says well payment will be withheld until we determine whether bills are clean or not. Wait, what? I just sent in all the clean bills that have been dated and signed off on.
    Same little guy is rather smart ### and hangs up in my face upon further questioning and says it is what it is.
    Now the held up invoice is no big deal as long as it's paid in a reasonable time frame, but I'm wondering if anyone has run into this type of situation before?
     
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  3. baha

    baha Road Train Member

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    You might have to wait them out untill time runs out on the date contract says you were to be payed then you can file with your clean bills on their bond that can make them cut pay time down fast because next time the bond is due the price they pay skyrocket in cost for them?
     
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  4. mrbamcclain

    mrbamcclain Light Load Member

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    May 25, 2011
    Hammond, La
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    That's about what I figured. If they don't pay just file against their bond.
     
  5. double yellow

    double yellow Road Train Member

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  6. Not_Here_Long

    Not_Here_Long Medium Load Member

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    That's a long list didn't read it all. But the heading states all that needs to be known "administrative"
    Administrative law is basically kangaroo court. Some of the items listed could fit two or three categories
    I wouldn't fool with the bond thing anyway. At the first sign of me not getting paid if still in possession of load
    I'd change payment method to COD. After unloading I'd call all interested parties and indicate if payment was expedited I'd be filing suit. I done that to a mouthy LS agent once.
    I've only lost a couple TONU's in the last nine years and those were cause I left the shippers after a problem appeared before leaving or loading. Sure glad I don't pull a refeer looks like 90% of there stuff is exempt.
     
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  7. RedForeman

    RedForeman Momentum Conservationist

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    Yes, and it's why I no longer take calls from TQL or Coyote.

    You'll just need to play the game. Start working with their a/p department at 30 days, call them once a week to ask where the check is, then file a claim on their bond at 60. They are counting on you being desperate enough to get paid fast, that you will agree to whatever discounts or fees they try to scrape out of your invoice. Don't be that way. Get paid in full, even if it takes a while.

    Some may say do it sooner. However, until then, you really can't reasonably prepare a timeline of collection efforts that have not yielded a check or a valid cargo claim. Make a note of time/date/names for later use on a claim or in court. Do it by e-mail, and that's all an electronic record with a time stamp. If they're jamming up a quick pay invoice, you're out of luck. The bonding company or courts won't touch it until it's aged enough to establish they aren't paying their debt.

    It's not exempt from a payment bond, which most brokers of exempt commodities will probably have since they also handle non-exempt stuff too. Which of course you would have observed evidence of upon receiving their carrier setup package on load #1.

    Exempt just means they aren't required by regulation to have a bond to broker that product. Likewise, you could legally haul it without having carrier authority. Most brokers will have a payment bond regardless, since most carriers would refuse to do business with them without it.
     
  8. Not_Here_Long

    Not_Here_Long Medium Load Member

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    You don't have to wait 60 to file suit in courts. Mine never got that far as soon as I started calling shippers, receivers and anyone else connected to a load the money would generally find it's way to me.
    This why I still pay 4% to factor non recourse. Companies go under to quick now days in the time a bond filing takes they could collect all that's owed them spend it close down and leave just a 75K bond in place which means there will be lots of unhappy truckers. The bond gives a false sense of security to those that think it means much to real crooks.
     
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