How to hijack freight and get paid

No matter how or why they came to the conclusion to finally handle things in a professional manner they finally decided to give me what I wanted. It is up for speculation as to what their thinking was but you are probably right. It is also a good time to cave in when you are legally in the wrong by breaching your original contract.

What it is really called my friend is LEVERAGE. A carrier has the legal right to put a lien on a shipment and demand certain things under the federal laws.

 

The point is that while the freight is in the possession of the carrier , the carrier has every legal right to take possession of the freight and demand certain things under the federal laws. Is it someones else s freight? Well yes. Is a broker acting as the agent of the party arranging to move the freight? Well yes.

So the broker is responsible for their ACTIONS as the agent for the owner of the freight which legally is the one who releases it to the carrier.

I should mention , since you ask, that in the second case I never really hijacked anything because I actually delivered it , but the broker was too stupid to ever call the reciever and they simply made some assumptions which were incorrect. In the second case I never got paid in advance, I just held out for the revised rate sheet. In that case I took the "owner" of the freight into consideration and delivered it. By doing this I lost a lot of my leverage, but the broker never figured it out until I finally sent in the paperwork with the ACTUAL delivery date.

 

As far as taking the position that your Broker Carrier Agreement trumps all state and federal laws is not a safe assumption in all cases, and this is due to breach of contract. Yes, the carrier agreement USUALLY makes you give up all legal rights, but why do you sign those kind of agreements? I know I don't. I strike out those provisions and if they don't like it then I don't do business with them.

 

Removed by Gunz444 - Got a little stressed myself.

 

Here are a bunch of links from experts who know this subject much better than I do. Please read this and use this information to make sure you don't get into trouble.

http://www.associated-online.com/kavaller/carrierliens.htm

http://www.transportationlaw.net/articles/mar03article.html

http://www.johnmdaley.com/creating-an-enforceable-lien.html

http://marvinhuberman.com/pdfs/WhenToUseCargoLiensAndHowBestToUseThem.pdf

http://www.mondaq.com/unitedstates/...egal+Wild+West+of+the+Transportation+Industry