What is abandonment of a truck exactly? How to get the heck out?

Dennixx · May 29, 2023

rmh8401 said: ↑

I hope you are wrong about the "never see the pay" part. There are many avenues, and all of them can be implemented and any one of them may work. I live in the area of Ft. Worth, so easily able to be in contact. I believe if they were in Chicago, I would be screwed. So I get you are not afraid of that DAT or is it DAC report as I was? am? I do appreciate your reply. Feeling kinda dumb.
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Good luck.
I've seen and heard these types of stories before and they never end up on the side of the driver. Even if you won a judgement in court you're gonna have a tough time collecting.
He wouldn't pay for repairs from a third party and I don't believe they've any intentions to pay you.
Chalk it up to experience and thank the lord you weren't into them any deeper.

lual · May 29, 2023

Wow. Just..............wow.

Two (main) things about this story/dramafest jumped out at me (among others):

With the risk of stating what is already painfully obvious: even in the currently depressed freight market--there's soooooooo many other opportunities out there that are sooooooooooo much more worth the original poster's time.....and....

Texas (generally speaking) appears to actually be one of the better places to look for a trucking job. A-N-Y trucking job.

-- Lual

rmh8401 · Jun 1, 2023

Metalicious said: ↑

You have a contract? What does the contract say? Did you breach the contract as well as they did? If you have a contract that says anything about a requirement to provide notice, and you agreed to that in the contract then disregard what I said about at will employment. If you sign a contract, so long as its enforceable then at will goes out the window for the most part. Does the contract say they pay your way back home? I would get an attorney if I was you, unless you are confident you can handle it yourself. Sounds like at most you might have breach of contract, the fact you mention treble damages means you have read or know something about the Texas DPTA. But it all comes down to what your contract says really, what your duties were to them and their duties to you under the contract. Is there anything about litigation in the contract, such as attorney fees or is it silent?
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rmh8401 · Jun 1, 2023

NO CONTRACT. In fact, that is the weird part of this thing, first that I would have trusted them to get into the truck without one, and also that in my former life I was a licensed building contractor..."always get things in writing..."
In my experience, no contract means no protection other than common law and who kept their word.
I am pretty sure I went above and beyond all expectations. I made all deliveries on time, signed off paperwork. The company grossed over $8400.00 for my three deliveries. The closest thing to a contract is the email I wrote prior to them demanding I drive the truck from the first shop 850 miles to Indiana under a new load. In that email I demanded they pay me $500.00 up front, and also promise to pay me the $1480.00 they already owed me plus airfare when I delivered the truck to the new shop. Also, I put into the writing that I had long ago refused to accept their offer of $50.00/day no motel while waiting for repairs. I got a Zelle payment of $500.00 noted "final load" and also fuel money in a seperate Zelle. Strange thing, they never wrote a single email. Tried to do everything on phone. I have since got home, and no lawyer will take this up, and I have the application for opening a small claims case here in Fannin County Texas. I believe since there is no contract, that too means I can file in MY HOME AREA. A major bonus, since most bad guys make us sign contracts giving up that option.
I will update, could be another month or so. Thanks you all.

rmh8401 · Jun 3, 2023

Knightcrawler said: ↑

Read through the refer forums before you do that. LOTS of unpaid downtime in refers. My second job was with Q Carriers (before it was all o-os) - refer. Mainly from Mpls to the SE. It isnt this way anymore, but for me I would get to some food warehouse somewhere and have to unload the whole trailer (they wouldnt take it on the pallets it was shipped on, you had to restack the whole trailer - and no lumper was going to do it for 20 bucks). I got paid a whole $20 for my time. The only reason I didnt tell them to shimmy up a rope was on the way back we usually had a fabric load out of NC going to fabric stores around Chicago. And it was $20 a drop. Sometimes as many as 13 drops on the trailer (big money in 1984 - or at least I thought so fresh out of the army). Not to mention the 9 cents a mile I made driving (yeah, you heard that right).
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rmh8401 · Jun 3, 2023

Thanks for all that information and especially the history too. I got into trucking late, age 53. Google said GO TO NORTH DAKOTA! Water truck drivers making $100,000!. Learned not only don't trust Google, but also it isn't so easy to get into truck driving. Now, I am learning all the different angles regarding the different loads a company hauls and the down time, drops and how that affects the total weeks pay.

dogtrucker · Jun 3, 2023

rmh8401 said: ↑

I just had an experience I will never forget.

If I leave a truck at the dealer for repairs, this being the second shop - after the owner had refused to repair at the first shop...then choose to not stick around for $50/day sitting in a dead truck in a parking lot?

I just picked up my "new? ? six year old truck, half million miles plus....Volvo
Ok. This company has one truck. Mine.
I had never worked for a small company. Always had breakdown service, professional dispatch. So this is new to me.
Long story short. Second day, owner called up randomly to warm me that if the Parked Regen light came on, to NOT DRIVE OVER FIVE MILES before stopping. hmmm...ok

So a couple hours later, the light comes on. I stop. Can not regen. Will not initiate. Call owner, he spends an hour trying various things to no avail. Ends up telling me to just go make delivery, about 1000 mile away up in Massachusetts. Ok.?? hmmm.

During this run, the Parked Regen is flashing, the power is going down. ...

During this run, the Regen goes to full "DERATE ACTIVE MODE", Parked REGEN REQUIRED.

I get up there, Saturday. Sit all weekend, asking what we are going to do. They will not tell me anything. Well, sort of tell me they are trying to find a mobile mechanic. Anyway, Monday they send me to a shop about 30 miles away.
It is 8 faults, a clogged exhaust filter, 38 regens in the computer, and in the end, the owner refuses repairs and demands I take truck on another load to Indianapolis with the dashboard flashing, turning orange now. From yellow soot level.

Did I forget to mention the AC did not work from day one? The owner told me to buy freon and put it in. It had a new compressor! Ok...did that. But still no AC ALL WEEK. This is a one week story.

Now during the calls up to this time, from day one, I had asked them what company policy is regarding downtime pay, motels etc. and was told it is $50/day no motel. And If I leave the truck, they will file an abandoned truck report on my DAC report. Never heard of this report, never in my life ever planned to do that anyway. In fact, I do not believe this story includes an abandonment.

But on the second day, I informed owner that I do not agree to those terms, and we needed to get this truck back asap, but I will attempt to fulfill this load and one back. I had always had at least ten different papers and contract terms at the big companies. Everyone knew what the story was. But I would never hurt an employee, so I assumed this guy was ok, and the lack of red tape was ok....oops?

So numerous emails, texts, all to no avail regarding getting my release from this truck.
I also got in writing that IF I went ahead and drove this dying truck to Indianapolis, that I needed $500 load pay up front, since they owed me for two loads already and it appeared to me money was going to be problem and they had already said many times they intended to use threats of abandonment and no pay as a hook. So they promised to pay me airfare back, plus my load pay on Friday, three days forward. Plus the $500.00 load pay up front for the current load while driving the DERATE ACTIVE VOLVO.

Anyway, needless to say, they refused to give me travel money. I did make the delivery, and actually was able to drive the truck to the dealer in Ft. Wayne. Where I promptly did leave it, as I had promised to do before starting it up in Massachusetts. Now they are withholding my load pay from the previous two loads, and threatening me with reporting to DAC and also telling me I owe them for recovering their truck.

This only tells part of the story, the rest is in extensive texts (they will not communicate by email?) Only use Zelle, no fuel card. But I do use email. And I have pictures of the DERATE ACTIVE in Massachusetts, plus numerous emails clearly stating that I will not sit around for $50/day no motel. I have a recorded telephone call with those exact words from the owner, slyly revealing he actually thought I didn't have my own travel money.

Question: Do I have to drive a truck in DERATE MODE? Is it actually illegal to do that? I felt trapped. I am a loyal responsible person, and I feel used. Something about the entire experience is surreal.
Now, we both live in Texas, and it is a short drive to the office which is actually a home.

So what should I have done? And now I am home, what can I do now to collect my money they owe me?
The owner flew up and got the truck himself without effecting repairs and they are telling me I owe them for that.
I had actually offered in an email to attempt to drive the truck home, with or without a load IF, and ONLY IF they pre paid me $1000.00 see how far it can go? I felt they had no money to repair anyway, and it was going to be thousands. While still taking the IOU to pay me the load pay they already owed me for the first two loads.

As a former deck driver, I offered to let them borrow my saddles and equipment to come get their truck if if did not make it home to Texas.
But they spat upon my offer.
So what to do? I appreciate all input. Be hard on me, in every way. That is the best lessons.
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Is it a white Volvo?

dogtrucker · Jun 3, 2023

rmh8401 said: ↑

Thanks for all that information and especially the history too. I got into trucking late, age 53. Google said GO TO NORTH DAKOTA! Water truck drivers making $100,000!. Learned not only don't trust Google, but also it isn't so easy to get into truck driving. Now, I am learning all the different angles regarding the different loads a company hauls and the down time, drops and how that affects the total weeks pay.
Click to expand...

Most trucking info on Google is outdated, misleading or just wrong.
TTR is a pretty good resource.
There are many great jobs to be had and it doesn't hurt to peruse the job magazines at the truck stops.
You will find something good but most of us have had to suffer, it's OK to suffer, very instructive.

Stringb8n · Jun 4, 2023

rmh8401 said: ↑

NO CONTRACT. In fact, that is the weird part of this thing, first that I would have trusted them to get into the truck without one, and also that in my former life I was a licensed building contractor..."always get things in writing..."
In my experience, no contract means no protection other than common law and who kept their word.
I am pretty sure I went above and beyond all expectations. I made all deliveries on time, signed off paperwork. The company grossed over $8400.00 for my three deliveries. The closest thing to a contract is the email I wrote prior to them demanding I drive the truck from the first shop 850 miles to Indiana under a new load. In that email I demanded they pay me $500.00 up front, and also promise to pay me the $1480.00 they already owed me plus airfare when I delivered the truck to the new shop. Also, I put into the writing that I had long ago refused to accept their offer of $50.00/day no motel while waiting for repairs. I got a Zelle payment of $500.00 noted "final load" and also fuel money in a seperate Zelle. Strange thing, they never wrote a single email. Tried to do everything on phone. I have since got home, and no lawyer will take this up, and I have the application for opening a small claims case here in Fannin County Texas. I believe since there is no contract, that too means I can file in MY HOME AREA. A major bonus, since most bad guys make us sign contracts giving up that option.
I will update, could be another month or so. Thanks you all.
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You can file in your county so long as you have their registered agent for service. If they aren't registered in Texas, the secretary of state I believe would be their agent for service. The matter actually being heard in your home county, another story. It would be their duty to raise any issues with venue though. Your issue may be with serving them, if their agent for service is outside of your county. Opt for service by certified mail. If you use the efile system it may or may not be an option on the services section of the e-filing. If it's not listed you'll have to call the court and ask how to serve by certified mail otherwise you'll have to get a copy of the citation and petition and then hire a private process server or constable in the county where their agent for service is, to serve them properly and avoid that "fatal error" in your suit. Some jp courts will say you can't serve by certified mail. Tx civ pro says you can.

Stringb8n · Jun 5, 2023

Have you considered just trying to file a wage claim where the employer is located, in their state? It would likely be the most economical and easiest way to get your money they kept. Shouldn't cost you anything to file a wage claim. Unless you just prefer going the court route.

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