I do have 1 question, mercer leases the trailer and then leases to you.this is a common arraignment .
now im sure mercer is charging you more than Wells Fargo is charging them , but I could be wrong. if im not, are you paying mercer their vig.?
also you have to follow all applicable laws yada yada, could that be interpreted to mean any violations of over weight or equipment such as in a DOT enforcement inspection? or even ELD violations that weren't caught by law enforcement but are on the companies data base from your ELD?
im not bashing just throwing out stuff that maybe you haven't thought of yet
Beware crooked Mercer!
Discussion in 'Report A BAD Trucking Company Here' started by texasmorrell, Feb 14, 2019.
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Ya if theyre cashing the checks it will murky the waters. But if i let someone use my car for a month for 100 bucks and at the end of the month they say they still want another month and i tell them no, if it isnt brought back id say they stole it.
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I may have missed it, but who’s name is on the title of the trailer?
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Yeah this is good advice. I use Google scholar all the time. It’s a great resource for information. As far as communicating with Mercer I only talk to their lawyers. And I only communicate with them via email so there is no confusion about what was or was not said. What really sucks about it is there in Kentucky if you’re not an attorney you do not have access to the e-file system. Here in Texas anyone can access the e-file system so you can file your court documents online electronically very easily. But in this case in Kentucky I have to send everything by US mail to the clerk of the court and then she has to file stamp it and enter it into the case. It can take a long time. Mercer’s lawyers can access the e-file system so it’s much easier for them. So it’s like the deck is stacked against me to begin with going in. But I am allowed to serve Mercer‘s lawyers via email. At least that’s something.6wheeler Thanks this.
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Go get 'em. It's nice to see somebody sticking up for themselves.
I've been in trucking in one capacity or another for 30 years, (from unloading trailers at Roadway Express when I was in college, to terminal manager for FedEx Freight, to now a driver). And I can say that beyond a shadow of a doubt, trucking is the crookedest profession in America. Everything from the guy who puts air in your tires to the CEO's.......everyone is out to screw everyone else and always keeping an eye out to see if they are being screwed. Look at Celedon, Arrow, Falcon and others. Brought down because of greed and lying. (I think the dude from Arrow is still in prison......hehehehehe). Look at what happened at PFJ.....at this time prison sentences are being appealed. Celedon boys are out on bail.......
And now we have Mercer. Oh, you mean the guys that screwed the government out of millions and then claimed they had no idea what was going on? Yeah, those guys. The brokers are still in prison and their property was seized. I know this because they owned the house next to me and it was sold at a US Marshall's auction a couple of months ago.
No, you're right; Mercer was screwing you and they got caught. The simplest evidence is exactly this; if they weren't screwing you, why not give you the documents you request? Seems simple enough. I can prove I own my Ford Ranger because I have a piece of paper that says I do.....see???
Best of luck. Keep us up to speed on your progress.PoleCrusher, texasmorrell, jsnell and 7 others Thank this. -
Great thread! I hope people keep asking questions to the OP and OP keeps responding in a civil manner. The education we could all get is invaluable.
Even if OP ends up being "wrong" he/she has brought up a valid point and has a case.
My question to the OP, are the original invoices ever going to be made available or will the ruling be strictly limited to trailer ownership and leasing rights. Courts are very strict on what can or cannot be discussed when arguing a case. -
They will give reasonable documents ti price toy are being paid correctly. I know this because I have requested them. Every carrier that pays percentage is required to do this, it's all spelled out in thre truth in leasing law.
The op wanted more than that, hew stated here wanted a copy if the original contract between the carrier and customer. No carrier is ever going to do that. Trucking is to competitive and they simply aren't going to hand over all thre information you need to steal a customer or sell it to a competitor.roshea Thanks this. -
The op doesn't wasnt original invoices, he claims they are too easily made up. He wants the original freight contracts.
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My old boss paid his logging trucks on percentage. Any time they changed jobs all the drivers got a copy of the contract that was signed by all companies involved so they knew exactly what the ton rate was for each haul.
The place I’m leased at now gave me copies of our multi-year contracts so I know the rate, the only thing that changes is the surcharge. It’s not that difficult to be open and honest.PoleCrusher, Coffey, Eldiablo and 5 others Thank this.
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