Issue - Need Guidence or Suggestions

Discussion in 'Freight Broker Forum' started by Midnight_tim, May 9, 2019.

  1. Midnight_tim

    Midnight_tim Light Load Member

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    Hey Everyone,
    I hope I can get some advice on how to handle this particular situation. I took a load off of COMFREIGHT going from Mcallen TX to Houston TX. Shortly after being loaded the driver was pulled over by the DOT and other authorities. All the freight was pulled off the trailer and several
    (42 bags) pieces of marijuana was found on the shipment. Some of the product (cabinets) got damaged as they broke open "trap doors" as the police report says. They reloaded the trailer and sent the driver on his way with the assurance that he was not in and trouble and they're just doing there job and appreciated all the support and cooperation from us.

    This happened Monday night and Tuesday I was unable to get a hold of "The Shipper" "The Receiver" "The Customer". It's Thursday evening and everything is still going to voicemail. I then had the load taken to a 3PL storage facility (in Austin, which is out of the way but I had to make a judgement call and business decision to free this driver up and put the product somewhere I can trust) which is charging $50 a day to hold the freight as I couldn't leave the load on the trailer. Truck and trailer is needed elsewhere and I can't have the driver sitting on freight.

    I looked up the receiver, the shipper both on Google Maps trying to find some other way to contact those businesses and it looks like it might have been some kind of fly by night pop up operation on both ends. I'm not entirely sure yet, it's speculative.

    My question is... what am I suppose to do with this freight? Is there any transportation lawyer or specialist I can reach out to help decide and plan my options? This is a new one for me as usually at one point or another I can get this kind of situation resolved but I'm am literally lost at this point and I am not one who goes looking for help easily.

    I appreciate any help and advice.
     
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  3. x1Heavy

    x1Heavy Road Train Member

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    You own it. Unless you can find that Customer who ghosted on you. Leaving you with the bag and possibly the lost revenue for the haul in addition to the damage OSD (Over shorts and damage.)

    You can probably burn it to heat your office next winter or you can sell it on craigs list or you can deliver it to a self storage and have them auction it etc. A big pair of self storage say 10x20 or bigger space runs about 120 a month in my state. If they don't get the money they auction the contents. Or you can have your insurance take it which will jackup your claim.

    Im just a driver. But again, if you cannot capture that intended customer you have a problem. I am already mentally scotching the whole #### thing because your company, driver and truck was muled for drug trafficking. And it goes without reason that customer where that load was going was probably expecting a little green in his freight.

    Without proof it's only a fictional speculation.
     
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  4. Intothesunset

    Intothesunset Road Train Member

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    I would hate to be that driver.
    Police should have signed the bills and put seached and found drugs on board.
     
  5. wichris

    wichris Road Train Member

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    You don't own the freight now that you have put it in storage. When the bill isn't paid they will file on the product to dispose/sell. You're never going to be paid for the load. No one is going to claim ownership of it. 18 years ago I had a load of cheese with 3000lbs of pot in it. Driver busted at the Joplin scales(they knew every detail about it since it left CA). They took the pot off, receiver rejected the load and I owned it. Ended up selling at a 27K loss.
     
  6. Rideandrepair

    Rideandrepair Road Train Member

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    Why didn’t you take it back to the Shipper, if it was shortly after loading? Now your stuck being liable for storage. Truck needing to be available? Really ? This isn’t just some minor thing. I would have to stop everything, get copies of police reports and co- operate with Police to prosecute these Morons, sounds like you’ve got some cabinets to sell.
     
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  7. wichris

    wichris Road Train Member

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    Can't go after the bond on a intrastate shipment, so the broker won't pay you because they are not going to be paid. Warehouse would have a tough time forcing you to pay them. I wouldn't worry a bit about it. you'll have your pot story to tell down the road and laugh about it.
     
  8. Midnight_tim

    Midnight_tim Light Load Member

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    Dec 19, 2018
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    The entire place was raided and from what I understand there was no one there to unload or take it back. At the time I was able to reach the customer and he said to continue onto the destination and he would offset any charges. However shortly after is when communication broke down.

    I have the police report and the BOL but nothing on the BOL says there was a search and seizure. The police report does indicate the trailer with LP# number and drivers name and truck. That is about it.

    On Tuesday I just figured it would clear up after a day or two and the customer would just pay the additional charges.

    Here's 2 of the documents I have, if anyone wants some bonus literature.
    [​IMG]


    [​IMG]
     
    Last edited: May 9, 2019
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  9. wichris

    wichris Road Train Member

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    I love it. Looks almost like the DEA's reports. Do you really think the receiver was going to stick around and take the cabinets? And pay you? Are you feeling guilty about dumping it off on the warehouse? If so, go pay the storage and take them home. After the appropriate time(whatever TX requires)file and sell them.
     
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  10. Midnight_tim

    Midnight_tim Light Load Member

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    Dec 19, 2018
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    With hindsight being 20/20, no. I don't feel guilty about dumping the product into the warehouse because it was the best course of action to make with the limited information and equipment availability in the area. I'm not going to hold a driver up and lose him money when he's the biggest asset I have next to the equipment. I can shell a 50 a day storage fee, I can't replace a good driver if he quits because he isn't making money he needs to make. I feel I made the right decision here.

    I was just reaching out to everyone here to see if anyone had any additional insight or experience with this kind of issue. I sent the customer an email informing that their freight will be disposed of if they don't reach out to me by 5pm tomorrow. If they don't respond by then I'll look into whatever Texas requires me to have done to properly dispose of this without any real legal repercussions.
     
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  11. wichris

    wichris Road Train Member

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    I think if you talk to an attorney they would say "what warehouse? what load?, charge you 150 bucks and tell you to go home. It sounds more like you're trying to find some way to be paid for the load. Just laugh about it and go on your way. It will be funny at some point in time.
     
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