Broker refusing to pay solution.

Discussion in 'Experienced Truckers' Advice' started by 6wheeler, Mar 11, 2019.

  1. ZVar

    ZVar Road Train Member

    6,444
    11,000
    Sep 10, 2010
    Flint, MI
    0
    This is so wrong...
    A contract is anything two parties agree to. Even a verbal contract is valid in a court of law. Of course proving it is the challenge, not the fact it was verbal.

    Heck I can have a contract as part of a receipt. Usually most companies do this for return policies.

    Here is a good primer if you actually want to educate yourself.
    Contracts 101: Make a Legally Valid Contract
     
    Lepton1, SoDel, bryan21384 and 2 others Thank this.
  2. Dino soar

    Dino soar Road Train Member

    1,924
    3,015
    Dec 8, 2017
    0
    Assuming you have a rate con for $150 TONU, how do you sue for $1,000 and settle for $400?
     
    6wheeler Thanks this.
  3. 6wheeler

    6wheeler Road Train Member

    2,383
    3,835
    Aug 30, 2009
    0
    The $1000 is for at least 2 days in court from missing work. The rate confirmation was for $450 to begin with, so in essence I got paid almost the entire amount of the load for not showing up to court at all.

    It took 3 months of stone walling a simple TONU for $150, and the check was cut in 3 days after it was served.
    Not only did the broker have to pay me $400, I can imagine the lawyer charged at least $500 for his services.

    Yes I could have negotiated a higher amount with the attorney, but I didn't want to go to court if I didn't have to, and I was in a good mood that morning after the attorney apologize several times for the brokers fault. I told my wife I should have settle for more afterwards;)
     
    Lepton1 and Dino soar Thank this.
  4. Pepper24

    Pepper24 Road Train Member

    1,326
    816
    Apr 19, 2016
    0
    So you don’t understand the difference between an agreement and a
    this is not my opinion a rate confederation is not a contract it’s an agreement.for you not to know this simply means your ignorance on the matter . You do not have a contract with brokers.And if you did it would define tuno can be charged at if tuno is not in a contract no court can hold someone to it right.so ask 6 to show a contract here where tuno is stated in this contract.
     
  5. Antinomian

    Antinomian Road Train Member

    1,086
    1,280
    Feb 17, 2013
    0
    Landstar will pay their BCO whatever was on the rate confirmation. It will pay on the BCO's next regular weekly settlement as soon as Landstar gets the POD. It's a non-recourse settlement. They don't take it back from you if the customer doesn't pay them.

    After-the-fact add-on charges like detention and TONU are not paid immediately. They will pay those only if they can collect them first. I don't think they try very hard. No company wants to annoy their customer over some small change for you.

    Swift was the same way about detention when I was there. They might promise it to you, but you wouldn't get it unless they were able to collect it first. Swift didn't pay TONU (but I'll just bet they charged it).
     
    Lepton1 and 6wheeler Thank this.
  6. Antinomian

    Antinomian Road Train Member

    1,086
    1,280
    Feb 17, 2013
    0
    Why couldn't you file in your home state? Is there something about venue in their carrier package? If not then you can absolutely file in you home state.
     
    Lepton1 and 6wheeler Thank this.
  7. Antinomian

    Antinomian Road Train Member

    1,086
    1,280
    Feb 17, 2013
    0
    Not true. You can sue in any court. If the contract specifies a venue then the laws of that venue will govern the contract, so it is unlikely that a court in another jurisdiction will agree to hear the case, but they can.

    As a party being sued in another state they could ask the Federal courts to take the case by claiming diversity of jurisdiction. But the Federal court doesn't have to take it if they don't want to. And what lawyer is going to let them do that over something they know they owe anyway?

    Your contract with the broker is the carrier package you filled out and signed. You need to include whatever terms you want to be able to impose for detention and TONU in that. I believe a rate confirmation is simply what is know under the law as an invitation to treat.
     
    rank, Lepton1 and 6wheeler Thank this.
  8. chimbotano

    chimbotano Medium Load Member

    409
    386
    Apr 21, 2013
    0
    Seriously??? Because this is America!!!! And you can’t sue anyone for any amount , but doesn’t mean that you will get it .
    There is kid who is suing Washington post for 250 million dollars, go figure.
     
    6wheeler Thanks this.
  9. p608

    p608 Road Train Member

    1,384
    1,486
    Nov 10, 2016
    0
    You may be correct, I remember the company I used to work for was getting sued in CA, we are in PA, court made them file in PA because that's where the contract originated, may have been a lawyer thing.
     
  10. Antinomian

    Antinomian Road Train Member

    1,086
    1,280
    Feb 17, 2013
    0
    Yeah. A properly written contract should always specify a venue, which tells all parties to the contract which laws the contract is governed by. Usually you have to show that some sort of local law has been broken in order to get a court to ignore the venue clause and take the case. Consumer protection issues come to mind as an example.
     
    Lepton1 Thanks this.
  • Draft saved Draft deleted