Double Yellow's Company Driver to Independent Thread

Discussion in 'Ask An Owner Operator' started by double yellow, Nov 5, 2014.

  1. dannythetrucker

    dannythetrucker Road Train Member

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    It would do $925,000 worth of good.
     
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  3. Terry270

    Terry270 Road Train Member

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    Let us know how this goes and the steps involved. I didn't realize this was an option
     
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  4. double yellow

    double yellow Road Train Member

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    The process will be a few collection calls & letters, then, if necessary, a trip to small claims court and, if necessary, requesting an execution by Marshals (not the Raylan Givens kind of execution -- an attachment of revenue and/or a seizure of property).

    I vaguely recall a case where a college student sued a manufacturer in small claims, the major manufacturer just blew it off, and the college student persisted to the point that the marshals wound up putting a locked chain around the factory doors until the meager (~$500) judgement was paid.

    I'll update as it goes along, but I expect the wheels to turn slowly...

    Philosophically, I don't like the bonding requirements. I think shippers and carriers ought to bear the responsibility of choosing their partners wisely -- something I have personally not done all that well. Obviously I'm happy to have recovered some money though -- I just wish the rules were a bit more rational (a $75,000 bond for a single owner op brokering $50,000 worth of loads a year doesn't seem any more reasonable than a $75,000 bond for CH Robinson -- which does something like $20,000,000,000 in loads).
     
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  5. mugurpe

    mugurpe Medium Load Member

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    In the moving business if a broker doesn't pay you the legal precedent dictates the shipper has to, which is rather nice for us and alleviates the need for a bond. It's rough on the shippers should the brokers go belly up after taking their cash and not paying vendors though. Someone always gets the rough end of the stick when things go south, the questions is who?
     
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  6. double yellow

    double yellow Road Train Member

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    Aside from a few exceptions, it is the same for freight. The shipper is ultimately responsible for the carrier getting paid...
     
  7. mugurpe

    mugurpe Medium Load Member

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    So, if that settlement with the bond hadn't worked out, you could have pursued your open invoice with the shipper? I assume that would have been more hassle and involved a lawyer or just taken longer? or do we now know?
     
  8. wore out

    wore out Numbered Classic

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    A lot of what we do on the livestock side is direct no broker involved. I used to just send invoices once a month I do it weekly now. Seems the worse the economy gets as a whole the more people either ride you or try to beat you all together. Even the ones that have paid good in the past. All the feedlots and buyers have a turn your bills in get a check policy or the ones we rub for do. I have also started making it clear before I load an unknown when the trailer gets there have some one that can walk the rail and get a count if your unable, I will need a check before we start unloading. Course there is no gauarntee's their other than the hauling is usually enough to be a felony under hot check laws. I have been not paid plenty though that's what has brought me to be upfront clear about payment.
     
  9. double yellow

    double yellow Road Train Member

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    I could have ignored the bond and gone straight after the shipper, but, although I believe I'm on solid legal ground, there are no guarantees in court. There was a deadline to file against the bond and when it became apparent that I would get something from it, I paused collection activity against the shipper until I knew exactly what they would owe.
     
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  10. TruckerPete1990

    TruckerPete1990 Road Train Member

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    Can I apply for a ein number without owning the truck yet? Gonna 1 month 2 months before I get it. But I'm trying to setup everything now.
     
  11. Blu_Ogre

    Blu_Ogre Road Train Member

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    Yes EIN is tied to the business/owner not the truck.
     
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