Your agreement was with the broker and that is who you will sue along with their bond if it is not already exhausted. You will file a small claims suit, if you are not incorporated, or a justice court case if you are. You will not need a lawyer. The clerk of the court will tell you exactly what you need to do. Sorry to say it but this is why you should always check a brokers rating and verify their bond is intact before you agree to pull a load for them. I have pulled loads for many brokers with terrible ratings but I made them pay up front or COD before unloading begins. I have even impounded shipments for non-payment and its perfectly legal, check the UCC. Usually in that case the consignee or the shipper would pay me to get their freight and then they went after the broker. Good luck to you.
United Global Logistics Inc
Discussion in 'Ask An Owner Operator' started by kaithlyn, May 17, 2012.
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it seem like in my case Im not as lucky as you are. I just found out they have accumulated almost $40K in non payment complaints. and their bond is set to cancel this 6/3/12. By now, their bond must have been exhausted already
. But Im still trying but with no luck yet with their trust bond company, always on their voicemail. I think this money is going be a loss one
.
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Oh boy.... Obviously texasmorell is a bit confused on how business and bad debt collection works.... I am going to give you a free lesson in Trucking Business 101. When the surety bond is exhausted the bonding company is no longer responsible. When it gets to the point of filing on the bond, it is safe to assume that said broker has no money and any further collection efforts will just have one spinning their wheels. Thank goodness I do not follow texasmorell's way of operating or I would be out of business....
To the OP.. Sorry but you are not getting money. Move on and learn from this. But if you need the money that bad, maybe you should look at other career options. Good luck.
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Yeah BigDiesel you should not be giving lessons to anyone because you do not know what you are talking about. I have been collecting from brokers for 15 years and I have yet to loose a dime. Yes I agree based on the posts after my post that they will not get their money since the bond is exhausted and the broker is in the wind. But everything I said is 100% true so you have no grounds for copping an attitude. I promise you there is nothing you can teach me about collecting from brokers or about the UCC.
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How does someone get signed up for that watch list? I try to stay with large, well known brokers, but that could be extremely valuable information to have.
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You need to still file on the bond. It is not a first in first out deal on the filing. The bond pays based on the chronological order of unpaid loads. So you can file with $40k already filed but if you pulled one of the first bad loads you may get your money.
Broker is only person legally liable for paying you. You have the right to sue anyone you want but doesn't mean the court will make them pay you. -
I am not the one who is asking about fleece purchases or delivering rv's...... because you do not have the money or credit.... You make me laugh.
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Ahhh BigDiesel, you got me
, you are clearly the superior intellect. I bow to your greater knowledge of everything in the universe.
But just for the record I was not asking about fleece purchase. I was asking if anybody ever did a lease purchase from Jim Joyce's I-65 Truck Sales. I was considering buying more daycabs to put in my fleet running intermodal. They have an A+ rating with the BBB and I cannot find anything negative about them anywhere on the internet, so yes I was considering doing business with them but they are obviously not fleece purchase. And yes I am considering delivering RVs as a way to see different parts of the country and get my fuel paid for. My 2012 F-450, that I somehow paid cash for even though I have no money, gets about 10mpg so you can see why I would want to find a way to pay for my fuel. But other than all this you are right about everything. You make me laugh also.
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But do not tell BigDiesel this. According to him all hope is lost and if you do business this way you will quickly go out of business. It is much better to just ignore the problem and somehow it will all take care if itself. But do not respond to this post. He will start stalking you and make wild assumptions about you based on what he reads in your posts.
And you are correct the broker is who you sue, not the shipper. The contract was with the broker and you cannot sue someone you did not have a contractual relationship with unless you can prove that party somehow contributed to the non-performance of the contract. In this case if they can show that the shipper never paid the broker then it is possible they can sue the shipper and argue the shipper's non-payment caused the default, but good luck with that. -
A member was asking for help in this thread, not to listen to you two bickering over nothing.
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