Carrier bounced check

Best to take it back, bad CK. will get a jail term as fast as stolen trailer

 

Tell your bank to try and run the check again or if it is a small enough bank with a branch in your area, swing in and try and "cash" it, ask the clerk if it is a good check. Depending on your luck they may tell you if it is good or not....as far as having there trailer I would hold it for a few more days till this clears up. At worst they can come and get it, right?

 

Unfortunately you'll probably have to sue them if just talking to them doesn't work. Pitfall of being in business for yourself. In any event I'd return their trailer ASAP. Maybe you can pick up a check when you get there?

 

Absolutely. They can withhold up to the value of any unreturned equipment.

Return the trailer, and be SURE you get a signed receipt for it.

Write up an itemized bill, and submit it to the company. If they refuse to pay, you may have to sue them for it.

 

We built a C15 for a customer he asked if he could just send me a check and I told him I wasn't comfortable having 9500.00 hundred in just parts in the job and not having a check. He said I understand, and came back the next day with a check. He and I went for a test drive as I do with all the engines we build he was happy with the work. Commented on how it looked like it never been apart except for the unpainted head. I explained that in a sense that verifies its been replaced along with this paperwork warranty goes with the engine if you sell truck. Gave me a check and left. The check was returned, showed cancelled about 10 mins after he pulled out. 12500 mind you it was perfectly legal because he cancelled it before I cashed it or it bounced. Had it been returned I would of had him in a spot. So fast forward 2 years later. Court is far behind us I was awarded Judgement naturally. That didn't gaurantee payment so back to court we went and I was awarded a lien on his property, but as log as he doesn't want to sell it it doesn't affect him or help me. Other than the notation on his credit. I have heard he is filing Bankruptcy which means I am up the creek no paddle. I am not sure what is legal on their buggy. I would run a bluff and say no pay no buggy. But the way it sounds if its a dry van you are still on the short side of the stick

 

Stuff rolls downhill. It sounds like your carrier intended to pay you or they wouldn't have written the check. You'd have just gotten some BS or other about your paperwork not being in order and they are withholding pmt. until everything is perfect. Odds are a customer stiffed your carrier or is really late with their freight payments which is putting your carrier in jeopardy and you as well. There's really no telling what happened ... maybe an insurance claim isn't being paid and a customer is exercising a right of offset; or somebody screwed up the road tax reporting, they were audited and find they owe tens or even hundreds of thousands to the State when they apply a percentage of error plus penalties across a fleet over a years worth of miles.. Maybe their insurance premiums went out of sight or maybe a trusted employee embezzled from them. Maybe it's a man and wife business and the woman took the cash and split -- or vice versa. Believe me, these things can and do happen. Many of them have happened to me! The only way you're gonna find out what the deal really is, is to go and talk to them, man to man with the idea that you need to be paid but maybe there's some flexibility on how they can go about it. Perhaps if you take their trailer back and talk to them about your situation and theirs you stand a better chance of being satisfied with the outcome. It's possible, even if they can't make their check good at this time that you can work out a way of getting paid-off. I did that once with a guy who wanted to pay me but just couldn't. I used his fuel card while hauling for someone else until such time as we were even. I definitely wouldn't go in with a belligerent attitude and piss them off, because in that circumstance, if they really are in serious trouble, there are ways for them to make sure you're the last guy paid, if at all. If you have a lease with them, read it very, very carefully and you'll likely find it very one-sided in their favor, and that they can withhold payment for a very long time without being in breach, so my advice is to tread lightly. Going to court should be a last resort as even with a judgement, it doesn't mean your gonna actually collect. A couple of truisms: No blood in a turnip, especially if your the one trying to squeeze it, and you catch more flies with honey than with vinegar. Good luck!

 

I agree with them.... iron has to go back, not a recourse item. Get a copy of your lease in hand...own it, know it, whatever is written is the final word.

Escrow is probably a 45 day return assuming all equipment and terms are met and separate from any pay issues. Don't know what lead to your parking the rig and them canceling the plates but I would try communicating first. Ask for your money...... no? Turn the check over to the local constable....sheriff etc for prosecution. They have exceeded the grand theft limit so someone will end up in jail. They have also exceeded the new IRS notification threshold so you need to retain heavy documentation in this matter. You haven't collected any money yet and may not, make sure you don't pay tax on what you don't have.

This won't likely end well so imo make sure it doesn't end up on your door. Ask for your money and give him back his trailer and equipment, you have too. Get signatures and pictures, then throw his arse in jail. Do not give him back his check unless he has cash for you! That's all the leverage you have.

And if you have time, trash his social media , call any O/O you know there and if your real brave, make a sandwich sign and walk in front of the office.

Good luck

 

You might consider contacting a lawyer to find the process for attaching a mechanics lien on the trailer for the amount they owe you. Don't use it, but park it and secure it where they can't just swing by and snatch it. You can get what's owed you plus costs for storage, attorneys fees, and your time in doing all this. Just do it legal so it can't come back and bite you on the butt!