Recovering owed money at end of lease

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by AlphaRaptor, Dec 19, 2023.

  1. AlphaRaptor

    AlphaRaptor Bobtail Member

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    I've had a couple drivers leave due to unfixable mechanical issues, and a couple that were booted due to bad practices this year. My partner and I don't really want to go down the lawsuit route, but when most leave with fuel and insurance (and in some cases, unreturned hardware), it can hit $1000 or more owed once everything clears.

    Starting to stack up at this point, so I am going to have to take action, like it or not. What is the normal course of action to recovery the money owed on a final settlement?
     
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  3. Judge

    Judge Road Train Member

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    Yeah.
    Withhold say $2000 escrow over time.
    But it sounds like several jumped ship.
    Taking and making money back where they can.

    Is this a legit, honorable deal?
    Why’d they all leave?
     
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  4. AlphaRaptor

    AlphaRaptor Bobtail Member

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    Nov 9, 2021
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    I take a 1% escrow to cover small issues or as you say, when they leave. But that takes a minute to build.

    As for leaving, 2 couldn't repair their trucks so went to be a company driver to build money. Another withheld knowledge about a claim on his load for a month, as well as 2 times he got citations. Those affect us and we were blind for a while; had to boot this one. The final one failed a random, and our insurance gave us no choice about removing him.

    I take pride in how we treat drivers, thus my resistance to the idea of suing and kicking them while they're down.
     
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  5. wichris

    wichris Road Train Member

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    Get used to it. There will always be those that will try to beat you out of a few bucks.
    Move to a different carrier, owing plates, IFTA.
    One even took their pre-pass out the last trip so I was billed for the tolls.
    A break down that will cost more to recover than the repair.
     
  6. AlphaRaptor

    AlphaRaptor Bobtail Member

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    No doubt. I'm just looking for the proper course of action. Some have told me to sue, others have said place a lien on their truck. I haven't gotten any advice from those IN the industry though, so I am looking for what other carriers are doing in this scenario. I would rather just write it off and let them have their minor victories, but the rates aren't paying us enough to be taking those losses regularly anymore.
     
  7. wichris

    wichris Road Train Member

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    Try to be somewhat nice at first, when that doesn't work turn into the ### and file small claims.
    Gives you something to do when you're bored.
    And the you appreciate all the good ones you have/had.
     
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  8. Knightcrawler

    Knightcrawler Road Train Member

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    I used to own a printing company many many years ago, and never collected a dime on any of the judgements I got. And some of them were $10,000+. In fact thats why I closed the shop. Got tired of not getting paid for good work.
     
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  9. NightWind

    NightWind Road Train Member

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    Like he said it's hard to get blood out of a turnip. File in small claims, if you get a judgement, file to have a garnishment on their wages and or property.
     
  10. Ridgeline

    Ridgeline Road Train Member

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    What does your lawyer say to do?

    I don't offer leasing to owners here, I have drivers but the fleet I am affiliated with is mainly a lease to the company. What the carrier owner has done in the past is treat this as a business and drop all the emotional baggage at her house.

    When a truck owner leaves, one of her people goes through the records and squares it all up within a day or two, if there is money owed to the carrier, it comes out of the settlement or if there is no remaining settlement, the escrow is tapped and the balance is returned with interest.

    However, if there is a breach of contract or a termination, she reserves the right to either go to arbitration or court with the truck owner picking up the tab.
     
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