Please help - nonpayment issue with 1st broker then 2nd carrier

Hello. I hope you can help me or offer advice. I am an owner operator who was working for a company. I hauled a load over 6 months ago. My boss paid me for that load but unfortunately the broker never paid him and no longer answers the phone or emails. I just left that company a few weeks ago to work as an oo for another company. When I called about my final check they told me they are taking the full price of that load out of my check. Is that legal? The company is their company, their authorities, etc. shouldn't it be their responsibility to hunt down the broker and secure payment from him and/or send him to collections. I did my job and was paid for it. Now they are taking that money back. I truly need some help as I don't know how to fight this. Thank you so much in advance. Chickadee

 

ask them nicely. read your contract. take them to small court if you did not agree to it in writing. hopefully you keep logs and copies of your bills of lading

 

Thank you...I really appreciate it. Hopefully I can fight them to get my money. Maybe I could just have my lawyer send them a letter to scare them into doing the right thing.

 

Yes, I have copies of everything. I appreciate your response. Thank you! I'll let you know what happens.

 

The leasing regs say you must be paid by carrier no later than 15 days after you turn in required paperwork.

The only way they cannot pay you is to bankrupt at this point.

File a notarized sworn affidavit stating your claim in General sessions court. That should get their attention. Don't forget to send them a copy of it after it's notarized.

You waited 5-1/2 months too long! If your carrier is too lazy to collect what is owed them, that is not your problem.

 

Some smaller companys and brokers have quick pay clauses in there lease that you maybe charged back if they had not been paid. This sounds like the case here as they did not charge back while he was leased to them but charged him back when he left. They are still responsible to return the pay when they collect.

 

Thanks...I was paid for the load 5 months ago by the owner of the company I was working for. He tried to bill them numerous times over the last 6 months, but they haven't responded. Now, in my final paycheck...5 months later...he took the full amount of the load out of my check.

 

Thanks Yogibear.

 

That's an unauthorized deduction then, chickadee.

As for contracts there are certain rules to be followed. Just because you put something in a lease doesn't make it legal. Look how many carriers OOIDA sued over bad leases.

BTW I would be on the phone to the broker's customer if he's still doing business. Ask them for payment for the load and/or list them on the affidavit you file in court.