Can You Recommend a Collection Agency?

Discussion in 'Ask An Owner Operator' started by lights787, Oct 18, 2020.

  1. xsetra

    xsetra Road Train Member

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    File on the bond exempt or not..
    Pressure from the bond company might get broker to pay. Even if it's exampt.

    Call the shipper and receiver.
    Make all the noise you can
     
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  3. lights787

    lights787 Light Load Member

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    Look man, you get to pay for a public notary then a registered mail to only hear from the bond company that this claim is excluded. You get no pressure from the bond company. Actually, even for interstate the bond is useless.
     
  4. xsetra

    xsetra Road Train Member

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    The hand full of times I filed on a bond.
    I called or emailed bond company.
    They replied with application.
    I returned application via email with supporting documentation attached.

    Usually paid by broker within 2 days.
    One broker wired payment within a couple hours.
    I didn't need a notary for any paperwork.

    You know the value of your time.
    I'm sure B&B will be happy to take their cut.
    Good luck
     
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  5. Ridgeline

    Ridgeline Road Train Member

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    Just a thought ...

    a while ago my lawyer told me a story about going after some company who tried to stiff one of his clients out of $95,000 in billable services.

    he said what his partner did was look at the contract that was signed by the customer and confirmed the person who signed it was someone who was legally allowed to sign the contract, and then filed in court against that person for breech of contract, did not include the company, he went after the person who agreed to the services for the amount that was billed.

    it went to court, it was settled the day before the trial for the full amount plus legal fees.

    Now I haven’t tried this but it makes sense, the broker who signs that contract is legally obligated to complete that contract, which includes payment.
     
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  6. lights787

    lights787 Light Load Member

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    Look, it is really simple, transportation has its own set of rules. If the broker makes you sign section 7 then you can't go after the shipper. The rate con I have does not have section 7 if the broker does not pay the shipper owes the carrier the money. As far as the bond goes, I know for a fact that intrastate is definitely excluded from the scope of the bond, and even with interstate if the broker is insolvent you are lucky to get 20 cents on the dollar if anything.
     
  7. Accidental Trucker

    Accidental Trucker Road Train Member

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    Another tactic that works is small claims court. If your total is larger than the small claims court allows, just reduce the claim to the maximum amount.

    The advantage of small claims court is that the company can’t hide behind lawyers.
     
  8. lights787

    lights787 Light Load Member

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    Well, not sure about that because they can bring in lawyers, and if they don't like the decision they can certainly appeal it to the county court. But here is the issue, I don't want to throw good money after bad, I'd rather give it to someone like Baxter and Bailey and let them handle it. I don't do this every day any mistakes will just be more time and more bad debt.
     
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  9. xsetra

    xsetra Road Train Member

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    My understanding is if either party doesn't full fill the obligations in the contract, that party has breached the contract. Making the entire contract null and void.
    This allows the damaged party to pursue any legal means to collect.
    I understand your reluctance to attempt the collection yourself, good for you, you know your limitations.

    Whatever amount you get from Baxter and Bailey helping is more than you would get doing nothing.
    Good luck.
     
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  10. wichris

    wichris Road Train Member

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    RR Donnelly filed BK months ago. Part of LSC communications.
     
  11. nikmirbre

    nikmirbre Road Train Member

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    Yes I believe they filed for bankruptcy this past spring.
     
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