tHE BAD COMPANY DIDN'T PAY YOU AND YOU WANT TO SUE THEM?

Discussion in 'Report A BAD Trucking Company Here' started by Rollover the Original, Jul 12, 2009.

  1. Rollover the Original

    Rollover the Original Road Train Member

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    If you've never filed a SMALL CLAIMS COURT law suit, let me tell you what's involved and it's a tad bit more than filing 1 form as some people will lead you to believe. Now don't take my word for this, but look it up! Google "Small Claims Court" or call the county where the company is located for their procedures to file a Small Claims Suit and follow the directions! Look at it as a FUN time as you were screwed, now it's your turn!

    1st you will need to be able to show up at court on any given day WHERE THE COMPANY IS LOCATED! It takes ON AVERAGE 30 days after filing to make it to court. Be prepared for setbacks and disappointments! Whoever you name in the suit ie: The Owner, or who ever is president at the time you were hired, can keep continuing the case till you tire of the game and give up, drop the charges and forfeit the $25.00- $50.00 or whatever it is these days filing fee. (You didn't think this was going to be free did you?) I know, I have gone through this 2 times in my life after pulling some low life's trailer for them! That's why I ONLY drive for someone within 500 miles of my home! If I can't drive to work I don't need the job and I actually have never driven for someone that was more than 175 miles away from my front door! I also don't do Greyhound well at all! It's worse than teaming! LOL

    You file with the court after writing a summary of who you worked for what you were to be paid, how long you were there, the hours or miles you ran, what money you spent what you "should" have been paid, in other words you need to have every thing you did written down AND a copy of the employment or fleece, oops, sorry, lease agreement and company handbook so the judge can figure out what is what. Hopefully in this day of electronic wonders you made a copy of EVERY piece of paper that you signed while in the truck from BOL's to fuel tickets, scale tickets, trailer washouts, showers (keep the little stub you get when you slide your cards) logbooks (you should be keeping these for your taxes at the end of the year for your per Diem) (NOTE: I hope you aren't doing some STUPID company per Diem pay deal as YOU are getting screwed out of tax dollars at the end of the year.That company is actually doing this so THEY don't have to pay to the government and it screws you ! Do you really think they would go through all the trouble and costs of figuring out your taxes for you? HMMM?).

    In other words when you hire on with anyone these days you have your laptop and a nice scanner (Cannon has a great small one for about $60.00) and you scan every thing that involves anything in your world about that truck! If you are to broke, cheap or old fashioned to own a laptop and scanner then pay your $.25 at the fuel desk for copies of everything you do! Remember, a picture is worth a thousand words and in your case whatever you are supposed to make per mile! This is a diary of your life that can save you when you hire on with that lowlife scum bag who wants your time but doesn't want to pay for it!

    Then you get to do your impersonation of Perry Mason in front of the judge! I hope you have the gift of gab and can dress in something better than a T shirt and sweat pants! (IMPRESS THE JUDGE!) Have a WRITTEN list of things you need to bring up and use as evidence (Just like all of these law shows, as what you are doing is the EXACT same thing!) PRACTICE your delivery! Also, I hope you have a better grasp of the English language as what I attempt to read in some of the posts in these forums! My 15 year old son could write better and the statements you write and give in court needs to be better than listening to the Beverly Hillbillies! Or listening to the CB!(Also, Your, Yours and You're There and Their are different words and meanings! LOOK THEM UP!){PLEASE} Also, be prepared for whoever you sue to have a lawyer! There is NOTHING that says either one of you CAN'T use one for a small claim! You just don't HAVE to have one for a small claim!

    Then, there is a waiting time (in GA, its 45 days) after you win the decision of the judge and I hope you have a checking account number of whoever it is you sue, as that's the ONLY way you will be able to collect as with most of these cases if they don't pay, you have to return after the waiting period and give the clerk of the court the bank information so they can type up a court ordered forfeiture of monies and they will take it to the bank and get your money if any is in the account. I so enjoy watching as a reprocessor is towing all of your ex bosses equipment away because they bounced a ton of checks, as the bank doesn't have to notify the account owner about the court ordered withdrawal until the monthly bank statement is sent out! They (your ex boss) already KNEW the court ordered them to pay you so they SHOULD have already done so, but some people think they are above the law! Talk about some bounced check charges!

    If you think the time you will loose from your new job, such as the time you will spend going to court, driving time, cost of fuel or gas, lost miles and the aggravation, then go for it. [removed to keep trainees and non drivers from replying][FONT=&quot]
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    Last edited by a moderator: Jul 29, 2009
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  3. Shep Shiloh

    Shep Shiloh Medium Load Member

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    Oh the effin' irony. He criticizes people for their typing and he can't even spell original correctly.
     
  4. lv gn

    lv gn Heavy Load Member

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    its one thing to be pissed at your old boss, but if you mess up his truck while another driver is trying to make it thru his shift and money to support his family is kinda crappy! why not just inform the other driver what a POS the boss is!
     
  5. aladdin sane

    aladdin sane Medium Load Member

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    Who are you criticizing??? You have a problem with this guys factual post or am I missing something?
     
    Last edited by a moderator: Jul 29, 2009
  6. steelersfan

    steelersfan Medium Load Member

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    No! I have a problem with the poster saying he would basically "sabotage" his former employers trucks. Why someone else, assuming it wont be his former boss, would not be driving the truck. So that would mean hurting another drivers livelyhood. You might be OK with that(at least till your the one driving the truck that someone just cut the brake lines on) but to me that is as bad as anything the former boss might have done.
     
  7. Rollover the Original

    Rollover the Original Road Train Member

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    I tried to correct the spelling but it wouldn't change! But, it does catch your attention doesn't it!
    Steelersfan, I would have you go back and reread that paragraph but it tended to get you rookies and non drivers pissed so I removed it but no where did you read where I would DAMAGE the truck did you? I would NEVER cut an air line but that's a better idea but no it's to dangerous as not everyone does a proper PTI! You also didn't understand the paragraph about spelling did you?
     
    Last edited: Jul 12, 2009
  8. NYC_Trucker

    NYC_Trucker Bobtail Member

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    "to [sic] dangerous", "loose" I say we all go back to grammar school until we're all perfectly evolved.

    I agree with suing any crook that robs us. Unfortunately, psychos know well how inconvenient going through the courts for a normal (non-psycho) person is.

    Good post Rollover.
     
    Last edited: Jul 15, 2009
  9. JahB

    JahB Road Train Member

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    One of the silliest things, among adults, is this habit some have, of being inordinately proud of, or worse, being resolutely incapable of executing proper grammar and spelling. It is, after all, something one learned, or did NOT learn in the EIGHTH grade. To those who cannot, criticism is useless, since it is unlikely to produce any new result. To those who can, it's painfully obvious, and irrelevant beyond its inconvenience.

    One would hope ADULTS such as ourselves would have moved on to vocabulary and greater conceptual sophistication, perhaps even elegant philosophical musings by now. Rather than point out flaws, one might simply read through the posts with "inexact" spelling and grammar, simply to glean the content, and give the rest of it a pass, unless one were practicing for one's upcoming middle school teaching career. Otherwise, why tout one's command of the language at the expense of those less well lettered?

    With concision: Suing is stupid unless you've got the time, money, records, sophistication, and potential for gain to do it well.
     
    Last edited: Jul 29, 2009
  10. Gummiente

    Gummiente Light Load Member

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    Eighth.

    Just sayin'.

    :biggrin_25525:
     
  11. JahB

    JahB Road Train Member

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    WASHINGTON/OREGON border
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    ROFL!!! As well you might!! Suffered a momentary lapse. LOL
     
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