I got scammed by an owner operator need advice!

Hope you learned a lesson.
Lesson is, COPY, COPY, COPY every piece of paper that you touch that can or does cost money! Especially money that came out of your wallet.

I have been preaching this for a while in TTR!

Hopefully you still have the names of places that you picked up from or delivered to and some kind of informative numbers such as load, date, product you delivered or delivery information so you can at least give the consignee some kind of way to look up your delivery BOL and send you a copy. Offer to pay the postage unless they can email it to you.

Reason? That BOL has your signature saying you received that product in whatever condition it was in and that you accept responsibly for it and that it was YOUR freight until it was relieved from you by someone. That's about all you will need for either the court or the state. Proof that you in some way had control of the freight.

Now I hope all of you rookies and experienced drivers take this as a lesson!

COPY COPY COPY!
Copy every BOL after delivery
Copy any check that your boss writes for you as you WILL need those routing numbers for the garnishment after you go the court route because there is a time limit before a garnishment can be taken out of their accounts.
Copy any receipt that YOU pulled money out of your pocket to pay for a scale, light bulb oil or anything else that you spent on that truck.
Copy every DOT write up and
Copy anything else

There are 2 ways to copy.
1 is the old fashioned way of paying a truck stop for them to copy anything OR 2 buy a computer and a scanner. You do NOT need a printer. Just scan every piece of paper to a file that you will use but keep it simple.
For a file name use the trip number, place of delivery or pick up or the date. Me, I kept them in a file with the trip number given to me by dispatch and the city of delivery. Easier to look up something if you have a name and a number to the file name.

I also hope that the spiral bound little note book you used to write your information about your load with P/U and times and delivery instructions is still in your pocket or a drawer or briefcase!
That little book filled with all the information you need to get her records or get from the shipper and receiver is your lifeline to getting what is owed to you! NEVER throw that little book away until a year has passed and there could be nothing else you need it for but don't file 13 the thing but put it with all your tax paperwork you're keeping in case you get audited by the IRS! Also have every page from your log book with you. Yes they CAN say that you just filled out a log book for the court but it's still a little ammo to use especially if the state decides to get the FMCSA to do an audit which will show every trip you made for her as I think she would rather pay you instead of the fines they can hit her with!

Good luck if you go to small claims BUT the part about a lawyer. Guess what? You CAN hire a lawyer to represent you the same that she can! Yeppers, small claims IS set up for the 2 of you to duke it out, BUT, if she shows up with a lawyer and you do NOT have a good gift of gab stand up and ask for a continuance as that little court battle went up many levels and you were NOT prepared for that kind of fight! Then go get a lawyer. The good thing about her walking in with a lawyer if she does and you asking for a continueance is it will cost her MORE money as lawyers charge by the hour and well whatever she's having to pay will go up by the hour! Ya gotta love lawyers! But as soon as they identify themselves as her lawyer stand and ask the judge to continue the suit because you are not prepared o5r have the legal training needed to battle a lawyer. It can be done! Then the next thing you can do while still in the courthouse is ask a few of the clerks who they would recommend as a good council.

One other tip: Do NOT show up in a court with out ALL the information and your questions written on a writing pad! Sit down before going in or the weeks before court and do as Perry Mason or Matlock did and make up your battle plan by having all the questions and actions you'll need to make there all ready. Don't sit and think for a minute that you will walk into a court room and wing it off the top of your mind! It's a little harder than you think. I've been there and done that! It's NOT traffic court.

I would even recommend that you watch a few Judge Judy, Matlock and Perry Mason shows to see how it can work! LOL.

Good luck.

 

I drive for an o/o and I haven't received a check in 3 weeks......my wife picks them up!

 

I couldn't agree more. I'm a lot like Ronin - God help you if you screw me. First I will let you know what is in store for you and give you a chance to make amends. Then I will call every agency and make your life miserable. Then I will update you on my progress and give you another chance.

I have never failed to get what was owed me. Most folks take advantage of folks and they don't fight back. When they land in a barrel of rattlesnakes they just want out so they can find another easy target. I have always done good in small claims court.

I'm not sure I have a limit as to what I'll do. I think you pursue legal means first and then you do what you have to. Fear can be very motivating, you just have to be sure you don't get yourself in trouble.

 

I just like the idea of putting the hurt on her like she did me. I doudt that she worries too much about who she owes $ to , these people are like all scammers no morals or feelings. Law gets on them , they pack up and move ( GYPSEYS ) to another state.