got scammed for 4500

My prior advice, still stands. I am not an attorney, even though I've done legal research before, therefore you need the advice of an attorney. You may be able to call and get advice from OOIDA anyway, member or not....however, it would seem that being a member, you would have had this resource early on to advise you in this matter.

Now, if I read this pleading correctly, this guy himself has filed this request to have the court keep you from continuing to pursue payment because it makes him look bad. You have a right to challenge his request(with a lawyer) to put forward your own defense and also, to counter his assertion with your own, that he released the vehicle to you to take without having verified the load...if he suspected something was wrong. That's the tell of stating you 'stole' the vehicle. He's trying to insinuate theft and criminal intent in a civil action. This means you also have the option of filing a complaint to have a law enforcement agency investigate his possible involvement. Him paying a company means he needs to file with them for the fraud, not you....however, you could make a notice to them about this issue and see if they can't investigate. Here's a link to check, also. Report a Scam | Zelle

It also looks like your factoring company is going to try and charge you to defend them, from doing their job properly. First, get your own lawyer, most will at least hear your side of the story, probably free, and tell you if they think you have a case and the options, however, in this matter, I would pick OOIDA's brains first, as well..they may be able to direct you to an attorney that can help you that is versed in this kind of tomfoolery. Otherwise, Judge has given you a possible source to check out with, also. Razororange and Judge have already pointed out that you're already embroiled, you will have no choice but to seek the assistance of an attorney, or take the time yourself to handle this matter. He hasn't sent you a cease and desist letter that you can just comply with and forget the money owed you. If this is a legit pleading, you have no choice but to respond and defend, or forfeit and have damages assessed against you. If you truly believe this guy might be trying to bully you, you have no choice now, but to fight him tooth and nail, and if he is bogus, and you start the ball rolling where he is investigated by law enforcement, he may start to feel heat that makes him rethink his strategy. Regardless, you are already out your money....and he's the one who negligently allowed you to take equipment he's now trying to claim you possessed illegally. If you can, also continue to seek the lien, and make it clear, you're getting paid one way or another and you will defend your reputation and business as needed.

Your other choice? Get out of the business, you're not cut out to do this as an O/O, because this is the kind of stuff you should have already been preparing for and how to handle it. Sorry if I sound harsh. This is part of business, and if you aren't prepared for this kind of contingency, you may need to lease on to someone else and let them take all the risks and percentage to make sure you get paid....but seriously, reconsider that broker/factoring that sent you that legal mumble jumble....trying to make you pay for their defense.

You can take or leave these suggestions, and/or conclusions as you will, as I said, I'm not a lawyer and am not trying to give you legal advice, as that is the job of a lawyer, but you need to get some help somewhere, if you don't already have one, or have planned for these contingencies.

Good Luck.

 

Delete duplicate post.

 

I’d also see about going after factoring company for breech of contract, you’ll have to have proof where they say “It’s good, go haul it, we’ll take care of it.”
You hauled it because they said the load was good, and through a trusted party.

 

Good info here. First if they correspond in anything other than court orders, consider it ########. Next stop corresponding to them. File small claims in county your business resides. Name every party involved. This forces them to send representation to that location. This normal gets people to a settlement. Your past a friendly relationship with them, and they should be insured against these acts, not you. Next and make sure you repeat this over and over. They broke your carrier/broker agreement making it Null and Void. While most try to pen carrier packets in favor of broker/shipper there are parts that protect you.

In the days of the ICC you submitted a claim. The ICC threatened brokers with revocation of authority if payment was made after 7 days. They did not mess around. But the industry decided we didn't need them.

Be the first to submit suit and name everyone connected. You should be able to represent yourself, or any decent lawyer can handle this.