My husband has been working for months doing hotshot with his own truck and trailer under the authority of another motor carrier. He was leaving money behind without paying for loads delivered until my husband could not continue in this way. Currently he owes him payment for several loads. Is there any way to file a claim?
If he has a written lease agreement with the carrier, payment for loads should be outlined in it. If the carrier is violating the agreement then I would suggest contacting your regional FMCSA office and file a complaint. You could also check with your State Trucking Association or organizations like OOIDA for assistance. 49 CFR § 376.12 - Lease requirements. The Federal Motor Carrier Safety Administration (FMCSA) has several rules regarding payment between a lessor and a lessee, including: Payment period The lease must specify that payment to the lessor is to be made within 15 days of the necessary paperwork being submitted. Compensation The lease must clearly state the amount to be paid for equipment and driver's services. This can be a flat rate per mile, a percentage of gross revenue, or another mutually agreed upon method. Charge-back items The lease must clearly specify any items that may be deducted from the lessor's compensation. Freight bill If the lessor's revenue is based on a percentage of the gross revenue, the lease must specify that the authorized carrier will provide the lessor with a copy of the rated freight bill. Escrow fund The lease must specify the conditions under which the lessor can have the escrow fund returned. The lessor is the entity that owns the equipment, while the lessee is the motor carrier.
There is a old school solution that may be frowned upon today but was effective and accepted back in the day... The debtee confronts the debtor at workplace or residence and demands immediate payment in full. In exchange the debtor would remain healthy and in good standing.
