suing a broker

I Can't give you An opinion on a legal mumbo jumbo but I can tell you that's why we have OOIDA membership $45 a year is a lot cheaper than going to a Lawyer for just to ask one question. They do their best to help You resolve issue's with brokers and Truck dealers and such.and they don't care how many times you call them for a question. I have been a member for years now and i used their service's more time's that I Can Remember. They may even Answer you Question with out being a member I don't know. Give them a Call 800-444-5791 ...........8-5 central time

 

Most of the contract's will say in their state. Get a default judgement in your state and it's easy for them to get it overturned.

 

Smile, and enjoy. Judgment is like a promise, It's nice, It don't happen. I wish,

 

I AM a lawyer. What broker are you talking about? Check your brokerage contract for a choice of law / choice of venue provision.

 

Been there donethat, you've got to go to them in their state; I wish you could make them come to you as I would have done this many times. You come out of small claims court with a judgment if you win then you’ve got to collect and that’s another problem. Defending party can appeal for a court hearing and you’ve got to get alawyer to help you with all the trash they throw at you so the cost is too great to mess with in most cases. Judgment stays on the court books for 10 years in most states then it expires unless you file for an extension. A lot of brokers hid behind a corporate shield by being incorporated or a limited liability meaning you can’t go after personal property only company assets and then here is another problem, they lease every thing they use and most brokers have no listed assets and only keep a small account to operate on. Most of the time these brokers have a way of cheating you and leaving you with no recourse.To collect in most states you’ve got to get the sheriffs department to enforce your claim and they simply go out and the broker will tell them they lease everything and only have a few bucks in the bank and they don’t take payments only the full amount. I don’t claim to be an attorney as some do, I’m a victim and over 50 years of trucking I’ve lost money to these thugs and to this date I’ve never collected a dime. I wish I had good news but with brokers there is none,good luck

 

You know you can go after the shipper for payment instead of screwing with the broker right? All you need to do is call the shipped with the P.O. number and ask if its been paid. Tell them you were the carrier for the load and haven't been paid for the load by the broker. Also tell them if you are not paid in 7 days you will be collecting from the shipper which you legally have the right to do. Brokers love it when you do that and usually pay pretty quick after being informed that you had a nice conversation with the shipper and they have already paid you for the load and they were not happy getting a call from the carrier who is going to go back to them to collect. That would be my suggestion just make sure you CROSSED OUT that you did not have the right to collect payment from the shipper in their agreement!!! If you didn't then idk what the hell to tell you aside from READ THE BROKER CARRIER AGREEMENTS!!!