suing a broker

And just what are you going to sue a broker for aside from non payment on a load? You have no reason to sue a broker other than payment issues damage during loading, etc goes on the shipper/receiver not the broker. once again detention deals with payment collect from who paid the freight...slander...well maybe I could see that but good luck and that isn't a small claims suit if they're costing you loads. Maybe you should be clear on what you plan on suing for as 99% of the time when you sue a broker it's over non payment.

 

Yes you have to sue in their state if that is what the contract says. And yes you sue in small claims or justice court. I prefer justice court because it is the formal version of small claims court and all the rules of procedure apply. That means they will need to hire a lawyer but I can represent myself. To date I have sued 24 brokers, collected every penny and I have yet to see the inside of a court room. They always settle out of court. Dont forget about their bond too. That is what it is their for. You must also add their bond holder as a defendant and sue their bond at the same time. Let me be clear. About half the settlements were from brokers and the other half from the bond holders. If you screw up and haul a load for a truly sleazy broker with an exhausted bond and no assets then you are out of luck.

 

If the consignor executed section 7 of the CBOL then you can't go to them for payment. There have been civil cases in the past that trucking companies have sued shippers for payment but they usually only go to court if the amounts are large enough to justify the legal expense.

 

Have you thought about driving to the broker's place of business? Maybe it's a house. Block their driveway. lol

 

Just curious if you have decided to pursue this or not.

 

So did they ever pay you the rest of that load that you were supposed to haul by itself?

 

Be careful, in the State of Pa there is a provision in the law called the Dragonetti Act for falsying a lawsuit or intent to harass another

 

If you decide to sue, try these folks: http://www.civiltree.com/small_claimez/smallclaims_pricing.php

I've used the site before... I always sue the shipper and let THEM moan about it to the broker... 100% success with this tactic (so far).