Company doesnt return deposit!

Sounds like this whole owner operater thing is lots of fun.

 

I give your first post in TTR a 5 , would have been a little higher except for the Nike quote. I'm sure your next post will be outstanding!

 

I am confused, were you driving the truck only or doing a lease purchase? Paying a deposit, with chicagoland companies seems to be regardless if you are company driver or leasing a truck from the carrier.

BS. 45 days, means exactly that, 45 days. If their contract doesn't say specifically "business days", then I would argue they're SOL.

If I signed a contract you should review what the terms are for disputes relating to pay for my loads. Usually a company that has a dispute clause of any type it will state specifically the amount of time that something like this can be disputed. If it contains anything, it will likely be one-sided, to mean that I am limited in the amount of time that Ihave to raise an issue with the amount of pay I received for a particular load or week.

Now for the meat and potatoes, 49 CFR § 376.12 and its subsections govern what is required to be stated in a written lease between a motor carrier and an independent owner operator, lease purchase driver or contract carrier. Use this to your advantage. If this were me, I would send a demand, certified mail return receipt requested, demanding to review the rated freight documents or tariff, according to 49 CFR § 376.12(g). This should result in receiving a copy of every invoice for every load I hauled with the rate listed. My contract, if there is one, is with the carrier, not the individual broker they are claiming they have to keep my pay from. They assume the risk of not being paid, not me.

It would be best for you to contact an attorney really. The referenced statute provides for recovery of attorney fees, but you may have to pay the initial fees to the attorney yourself and recover later. Pursuing suit under the above referenced statute likely makes this probable cause of action rise from federal question, so attempting to file in any court lesser than federal, could result in the case being removed to federal court.

I would get an attorney on it. Or if you are savvy enough to attempt a go at it yourself, and are persuasive in your legal writing and know how to use legal lingo, you could possibly send a demand letter and recover something on your own. I am savvy, and know that any offer of compensation means they know there is merit to my claim. I wouldn't accept any low ball offer they offered and will enjoy the pissing match with whatever attorney is representing the company or individual I am pursuing.

I would review any contract I have. If there is a dispute resolution process, or an arbitration agreement I would want to do exactly as the contract states and post-pone any filing of suit, even with a lawyer, until I have followed exactly what that contract states. I know from researching myself, that if there is so much as a dispute resolution process incorporated in the contract, that if I don't follow that my case could either be stayed until it is, or dismissed all together. If it is dismissed with prejudice, this means I ruined my shot at recovering anything through court, as the claim cannot be filed again.

DISCLAIMER: I am not an attorney and this is not legal advice. Information provided herein is for educational purposes only.

 

He can only post on weekends because he has home work and his parents have parental locks on all his electronic devices