Please help me! Screwed by contractor on first hot shot load

Discussion in 'Questions From New Drivers' started by denton, Jul 14, 2011.

  1. BigJohn54

    BigJohn54 Gone, but NEVER forgotten

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    I have certainly always had a knack for learning from the school of hard knocks. It is expensive and hard on a guy but you never forget those lessons. You can get a year's worth of learning in a single "hard knock" learning experience.

    I hope you get this guy and I hope you have some smooth sailing coming your way!
     
    Last edited by a moderator: Jul 16, 2011
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  3. LBZ

    LBZ Road Train Member

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    I would be more tempted to get the BOL signed, create/send an invoice(w/BOL proof) per the terms you agreed to, THEN send the biggest hard core collection agent knocking on his door.

    More than likely the collection agent will get things done faster than a attorney & cost about the same.
     
    Last edited by a moderator: Jul 16, 2011
  4. kajidono

    kajidono Road Train Member

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    I've seen more than usual but nowhere near a ton. You want pheasant country, head out to western Nebraska. Here you see maybe a couple every once in a while. Out there you'll have 10-15 of them fly up in front of you on a near daily basis.
     
  5. ORT WIFE

    ORT WIFE Light Load Member

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    I hope you get HIM!!!!!!People who do this kind of stuff make me so mad :biggrin_25510:.I will keep my fingers crossed it all works out for you and the family.




    stay safe
     
  6. lostNfound

    lostNfound Road Train Member

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    Sorry to hear of your troubles and I hope you get it sorted in your favour without too much more pain. Most of us have "been there, done that" in one fashion or another. As painful as this is, it will pass and you will have gained invaluable experience.

    For future reference, if something like this happens...
    I would not run so much as another 100 feet without receiving 100% of what I am owed for the load, including all fuel, tolls, and any other expenses, in a non-recourse manner. And then after delivering that load I wouldn't haul another one for them. You can not afford to inherit anyone else's financial difficulties, nor are you a bank.
     
    Last edited by a moderator: Jul 16, 2011
  7. lostNfound

    lostNfound Road Train Member

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    Outing the low-life scumbag... love it.


    Just make sure you are 100% factual in everything you say and can support it fully. Do not say, suggest, recommend or even hint at anything not 100% legal regarding any recourse, eg., don't suggest anyone should ever pay him a visit except in a legal and authorized capacity, such as you did regarding the IRS. Make sure you do spread this scumbag's information far and wide. Check to see if he is on any load boards and if there are ways to flag his listings there as well.

    Never let up on applying as much heat to this dirtbag as possible.

    Good luck.
     
  8. ronin

    ronin Road Train Member

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    Yessir, FEMA needs to know, and don't just call some main number - being the weekend, you won't get anyone, but you need to get in touch with someone in transportation..

    I was just at the FEMA HQ in MT Weather, VA - looking them up might be a good place to start.
     
  9. G/MAN

    G/MAN Road Train Member

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    I understand your frustration, denton, but you need to be careful. The other driver may have gotten his money by holding the carrier's people hostage. That was illegal. He could be charged with kidnapping. You don't want to break the law yourself if you want a good outcome.

    If you want to turn this over to an attorney then don't get half a dozen collection agencies involved. That could be considered harrassment. He could wind up suing you.

    Before you jump the gun too much you need to step back and look at the situation objectively.

    Most businesses pay on a 30 day cycle. Unless you have a written agreement with him about how and when you are to be paid, then you could be setting yourself up for some potential problems. Without a written agreement he could be within his rights to withhold payment until you send him proof of delivery. He could also wait 30 days from the time he receives proof of delivery and still be within his legal rights and common business practices.

    The first thing that I would have done was to get the consignee to sign a bill of lading. Hopefully, you have or will fax a bill of lading to the receiver and get him to fax a signed copy back to you. That is your proof that the load was delivered.

    The next thing that I would have done would have been to contact the shipper and explain to them what was going on and ask them to help you collect your money or to pay you direct. If you can find out who is paying him then you stand a chance of getting this settled much more quickly than involving a lawyer or collection agency. It is a good idea to get advice from a lawyer, but it might be premature to turn it over for collection. At this point you have not even mailed or faxed him proof of delivery or an invoice. You need to cover yourself. Getting in touch with FEMA would probably do more to collect your money quickly than getting a lawyer or collection agency involved. If that doesn't get your money then I would probably look to the attorney.

    It is good that you jumped on this quickly.
     
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  10. 123456

    123456 Road Train Member

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    If you met an attorney,

    I hope he didn't advise going this route......
     
  11. Mr. PlumCrazy

    Mr. PlumCrazy Road Train Member

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    If you are a member of OOIDA you can call LaDonna and she will help you
     
    123456 Thanks this.
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