Company Won't Pay

Wow, whatta story!

I'm kind of hoping your case comes out ahead. The problem with attorneys is that most will only take cases where they can see dollar signs enough for them. It is a good point that if the business has no assets to hit, you might not end up with much.

However, the discovery process will be very interesting. Depending on what you find out in discovery, if they did not organize under a corporation, they can quickly find most of their own personal assets under a lien.

You might want to discuss with your attorney whether or not you should also press the state's Attorney General for an injunction against the company from continuing operations until the lawsuit is resolved. There may just be enough evidence in your case to put the nail in this company's coffin AND stop the owners of this company from continuing to do business in the industry (at least in your state) until the matter is resolved. I bet you nuts to bolts, if you win and there is no injuction, they're just going to find another sucker to pay off your lawsuit.

 

I am a (fairly new) partner in an O/O trucking Company. I handle the business end of the business, and the O/O handles the trucking and logistics.
The problem is, for a few months he ran loads exclusively for this one broker against my advice because he was "a really nice guy".
Well when the really nice guy got like 60 and 90 days behind, and was only doling out enough money to my o/o to keep him running for the next load, I stepped in.
Bottom like is this guy is currently like 13G in the hole to us, hasn't used us for a couple of months, and tells his customers when they ask for us that our trucks are down.
I have contacted his customers who state that they did in fact pay the invoices in a timely manner, and invoices that were well above what we charged Mack. Now the customers are contacting us directly to run their loads.
We found out the guy isn't even a licensed broker, doesn't have a surety bond or anything we can attach. I assume we need to go lien the a--hole and then find an attorney and battle it out in civil court, since it is over the small claims limits.
Any ideas or words of wisdom?
Thanks a bunch,
MizHope

 

1st rule for me is never go over 20 days or the amount owed to you that you can recover in small claims court unless you have a long history and even that is no guarantee . you will have to get a lawyer to write him a nasty letter of your intentions to expose him to the proper officials and his customer base of his illegal activities if you are not payed. if no responce in 30 days take him to court. then after court (get the money he owes you first before he gets fines etc.) i would notify in writing the dot and all the customers you know about his illegal activities that's about all you can do .......hard lesson learned......... always check the brokers credit, and legality of his operation if he's not legit stay away

 

I'm in the same situation. I have been contracted to drive a owners truck for his company out of Miami! I have not been paid on time and they refuse to pay me my settlement for$2300.00 I told them they broke contract agreement by forcing me to drive with the trailer damaged from slack adjuster coming loose from S-cam which locked brakes up from time to time when it happened I notified them of the problem they telle to go-to TA in Dallas and get trailer fixed or estimate. The work would cost 3000.00 to repair. So he tells me to leave from there and deliver last load then there will be a tire repair guy at a truck stop after I pick up another load! Knowingly the S cam and brakes are doing damage to tires, hub etc... And then sends me to look for a tire place where he had them take off the hub and remove brakes and s cam from a loaded trailer! He had me drive to Tampa at this time I'm done because he's violating D.O.T Laws as well putting me and other people at risk
(I drove 15 miles under speed limit and used engine brakes all the way) get to Tampa and he puts another load on me telling me if I don't pick up this load he's going to charge me for the lost of load. He has assets as well. A car dealership and maybe something else. He's now trying to charge me for damages to the trailer that he made me drive around disregarded the damages and saying it's my fault and trying to keep money owed to me plus the money he ripped me off for on the previous check. I keep excellent records and documentation. Also told him I record every conversation when he calls my phone. So I have him on audio as well.

 

Hate to tell you, but the only one to blame for pulling damaged trailers is yourself. You turned the key and you chose to drive known bad equipment.

 

If the damage is documented and he said it was with ryder, what difference does it make?

 

A necromancer!

 

Ruser post was 2009.

 

It is better to build a thread yourself than resurrecting a 10 year old dead thread and potentially confusing me and others.

Piggybacking is not all bad, but when you build a stand alone thread in these forums everything responded goes straight to you. And not confused with anyone else like the OP's 2009 posting series that he is being raped essentially by a company that has no money either.

That is all I want to write on here. Both of your situations are similar in some ways and anything I might say will only further again confuse the issue due to piggybacking threads. It is better for you to build a thread of your own so you can get specific replies to your specific situation.

Good luck.

 

Small claims court right away!