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Company refusal to Pay Final Settlement

Discussion in 'Ask An Owner Operator' started by rcsd2007, Dec 17, 2013.

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  1. Dec 17, 2013 #1
    rcsd2007

    rcsd2007 Bobtail Member

    34
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    Nov 17, 2010
    Phenix City, AL
    0
    Company I was leased to for years is refusing to return to me my Reserve Account. Per my Contract they have 45 days to return to me any unused portion of my reserve account. The 45 days would have been up on 11/30/13. I received a settlement stating I was being returned around $4500.The statement was dated 12/6/13. As of today I haven't seen a dime of it. Ive tried calling the payroll dept, all the way to the owner of the company and all I get is a voicemail. Ive left multiple voicemails and no one has returned my calls. Ive also sent multiple emails and they have just been ignored. Im thinking about giving them another week then hiring a lawyer. What do you guys think?
     
    rcsd2007, Dec 17, 2013
    rcsd2007, Dec 17, 2013
    #1
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  3. Dec 17, 2013 #2
    pattyj

    pattyj Road Train Member

    22,474
    20,137
    Jul 19, 2008
    Sioux City,ia
    0
    How far are they from where you live?If not far go see them.Otherwise keep calling keep bugging them and if no answer hire a lawyer after that week.It's been 11 days,they should have paid you by now.
     
    pattyj, Dec 17, 2013
    pattyj, Dec 17, 2013
    #2
  4. Dec 17, 2013 #3
    fld

    fld Medium Load Member

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    Nov 24, 2012
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    You could start with the state labor relations board. I am not sure if they can help an o/o, but as an employee I have used them in the past and I received every penny owed to me. And they are free.

    If they can't help you, then the lawyer would be the next step. Good luck.
     
    fld, Dec 17, 2013
    fld, Dec 17, 2013
    #3
  5. Dec 17, 2013 #4
    windsmith

    windsmith Road Train Member

    7,296
    6,031
    Sep 2, 2011
    NEPA
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    Why give 'em a week? Lawyer up! Although the attorney fees will eat up all of that $4500 and then some.
     
    windsmith, Dec 17, 2013
    windsmith, Dec 17, 2013
    #4
  7. Dec 17, 2013 #5
    Trucker Man

    Trucker Man Bobtail Member

    31
    10
    Oct 1, 2013
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    I would start by sending registered letters with a recieved signature. I would quote thier policy in the letter with a copy of the policy if you have it. Voicemails are nice but you really have no proof of leaving them when push comes to shove. The threat of a lawyer usually doesn't go very far unless it is the lawyer doing the talking. If you belong to OIDA, I think they offer a certain amount of help from being a paying member. Good luck!
     
    Trucker Man, Dec 17, 2013
    Trucker Man, Dec 17, 2013
    #5
    rcsd2007 and tirednaz Thank this.
  8. Dec 17, 2013 #6
    rwdfinch50

    rwdfinch50 Medium Load Member

    527
    595
    Nov 6, 2007
    Leesburg, Fl.
    0
    Are you an OOIDA member? If so, I'd contact them for an answer. They've successfully sued large companies for this and won. Even if you're not a member it wouldn't hurt to give them a call. Here's their number; 816-229-5791. web site is http://www.ooida.com
     
    rwdfinch50, Dec 17, 2013
    rwdfinch50, Dec 17, 2013
    #6
    tirednaz Thanks this.
  9. Dec 17, 2013 #7
    GITRDUN45

    GITRDUN45 Heavy Load Member

    712
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    Sep 30, 2013
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    What's name of company so everyone knows NOT to lease to them? Word of mouth is a great poison .
     
    GITRDUN45, Dec 17, 2013
    GITRDUN45, Dec 17, 2013
    #7
  10. Dec 17, 2013 #8
    tirednaz

    tirednaz Heavy Load Member

    838
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    Oct 4, 2011
    Arizona
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    File a small claims action for the $4500 plus filing fees. Then send it certified mail. That might get them interested.
     
    tirednaz, Dec 17, 2013
    tirednaz, Dec 17, 2013
    #8
  11. Dec 17, 2013 #9
    rcsd2007

    rcsd2007 Bobtail Member

    34
    21
    Nov 17, 2010
    Phenix City, AL
    0
    Yeah Im an OOIDA Memeber, They never really crossed my mind until now, thanks. Never thought of registered letters either. Name of company is Coleman American. They are an agent for Allied Vanlines. They also run Covan World-Wide Moving.

    Thanks to everyone for the advice. Im going to send them a registered letter and see if I get a response, if not Ill see if OOIDA can help.
     
    rcsd2007, Dec 17, 2013
    rcsd2007, Dec 17, 2013
    #9
  12. Dec 17, 2013 #10
    ironpony

    ironpony Road Train Member

    17,502
    12,015
    Sep 23, 2007
    Ask my GPS...
    0
    Yep... that's what I would do, and in that order. Get the registered letter going ASAP. How a carrier deals with escrow accounts comes under federal law, and OOIDA just loves to sue carriers over the dang things. Your ex-carrier really doesn't want to mess with this.
     
    ironpony, Dec 17, 2013
    ironpony, Dec 17, 2013
    #10
    jbatmick and rcsd2007 Thank this.
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