45 Days

Someone may prove me wrong but I'll go out on a limb here and say probably nothing. This industry is full of shysters looking for a quick, easy buck. I remember at my previous carrier they used this regulation, justifiably so in some cases, to not pay out. But then 45 days came around and they still never settled up. And there were people who owed them nothing that got screwed out of all monies that were supposed to be coming to them. They walked away from those obligations without a word. In fact in their warped minds it was justified. They currently even have useful idiot sycophants who also parade around foolishly drinking the cool aid, who, in many instances will tell you privately - the truth. OK so I'm off that rant...

 

Doesn't the contract between Owner & Company say what is to be done in that case?

 

A contract is only a piece of paper. Yes by law it states terms that are agreed upon by both parties. They hold up in court. They award you judgement. What they do not do is guarantee payment. That is a completely different matter for you to pursue after you are awarded judgement. Simply put if a man's word is no good a piece of paper wont save your ###.

 

Wore out, I appreciate your point of view, but that "piece of paper" is pretty strong in the legal environment, while word of mouth or a handshake - not so much. If a plaintiff gets a legal judgement against the defendant, and the defendant does not honor the judgement, the next step is pretty straightforward. I'd hope to never get in this situation again, but the courts often rule in favor of the small business person being hosed by the corporation. You just have to take the time and that's usually what goes sideways, the time and the money. Anyway, small business has a good chance of prevailing, and we should try to make it happen. We owe it to ourselves, and our fellow business people to make the effort to get paid in full for the monies owed, at the least. Then there's compensatory damages, punitive damages, various fees - a good lawyer makes his own fee.

 

What is the straightforward next step? You can't get blood from a turnip.

 

I thought we were talking about megas in this thread? Pardon me if I'm mistaken. The megas are listed on the NYSE, and they are not turnips, they're cash fat. So if a truck owner gets a judgement, that business should be able to realize the damages. If the mega doesn't honor the judgement, go back to court, tell the judge what's going on, and ask for a Marshall, an attachment of income, whatever, I'm not a lawyer, but I know those judgements are the real deal.

 

Rollin, a few years ago, not that many, I sued a renter over damages and theft, won the judgement, the defendant told the judge, "your honor, I don't have anything, no money." Nothing I could do, and that jerk was definitely the "turnip" you mentioned. Learned, moved on, but with a major corporation? I'd fight.

 

All I'm saying is out here in the real world judgements mean nothing. Not everyone is "lucky" to get ran over by a Wal Mart truck and win the lottery. By the same token I would expect Wal Mart to honor a contract.

 

Enjoy your evening, Mr. Coal.