Looking to sue my former carrier

Discussion in 'Ask An Owner Operator' started by mphill49, Jan 21, 2013.

  1. mphill49

    mphill49 Bobtail Member

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    Jan 21, 2013
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    There ae more details about the story that I will share once I determine if I have a case or not. I bought my truck with 495k on the odometer and the owner drove the car to where they keep the trucks, decaled the truck and placed a driver in it. The sticker is still on the window from the purchase with the mileage on it. I also have all mt settlements with year to dare figures and thats how I came up with 6000 dollars paid out. As well as what has been deposited in my account from the company. I can prove start and end miles.
     
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  3. CondoCruiser

    CondoCruiser The Legend

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    Any court you go into will want hard proof in the form of paperwork or witnesses. In other words prove your case. He said, she said doesn't get it.

    That's why you should have everything in writing.

    If you have proof of the beginning mileage you can prove what they put on it. Then they have to justify the excess mileage.

    Always talk with an attorney and don't discuss your case on the internet. You just give the other party a way to build a defense against your offense if they find your posts which in many cases isn't too hard since we are the #1 trucking forum. We already know your name. I'm just sayin. :)
     
  4. Semi Crazy

    Semi Crazy Road Train Member

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    Just break their legs and chalk this one up to naivete.
     
    milskired Thanks this.
  5. dannythetrucker

    dannythetrucker Road Train Member

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    Your best bet might be to get in touch with the FMCSA. Surely you know at least the DOT number on the side of your trucks ? Do us all a favor and put these clowns out of business. Maybe you could have the FMCSA confiscate the log books and trip info to help you prove mileage. Even if you don't have $1.50 in writing, surely you signed some kind of lease agreement ? .
     
    CondoCruiser Thanks this.
  6. rank

    rank Road Train Member

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    Unbelievable. P.T. Barnum was right.

    By the way, what does your good friend the operations manager have to say about all this?
     
  7. mphill49

    mphill49 Bobtail Member

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    Jan 21, 2013
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    I have witnesses and a contract stating those things. I even have their mechanic thats on their payroll tell me that the trucks were on the west coast and their top 2 drivers who were assigned to my truck. They to have been cheated out of money and are willing to testify.
     
  8. milskired

    milskired Road Train Member

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    Ask the drivers for copies of there logs. If they dont keep them, they themselves are idiots.
     
  9. mphill49

    mphill49 Bobtail Member

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    Jan 21, 2013
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    I guess thats why they rotate drivers as often as they do
     
  10. rank

    rank Road Train Member

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    50 miles north of Rochester, NY
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    Testifying and winning means nothing if you are fighting a corp with no money. As I wrote earlier, you need to determine who you are dealing with.

    Step one: The business should be registered. Do a name search on the business to determine if they are a corp or a sole prop or what. And to determine who the owner is. Note: have your credit card ready.
     
  11. mphill49

    mphill49 Bobtail Member

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    Jan 21, 2013
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    They just prurchased three trucks cash after having 3 repoed a few months ago. This goes back to saying how close we are with the owners of the company. They claimed they couldnt make paychecks a while ago, but we know about these purchases through the various witnesses.
     
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