Who is liable?

A debt collection agency is a company that buys up delinquent accounts. They bought the debt that has been declared lost by the original owner. The agency can then try to collect on the original debt.

Debt collectors can only collect on that of which the debt was created on. If you sold something and it was shipped to some one else, the debt is on that item only. Debt collectors love to make you think they have more power than they really have. They cant touch any other asset you may have. They are more than likely also going after the receiver of the item and they wont tell you if they collected anything from that person.

The hilarious thing about debt collectors? They go after delinquent payers of electricity. Ok go ahead, reposess electricity that has been used.

You do have rights too. File your phone number with the "do not call" site. When you report them, there is a spot for noting it was a debt collector. The government loves to collect from companies that violate the do not call list.

 

Yeah I make them get a judge to rule against me before I ever pay up. I lawyer up if I have to. I will NEVER EVER allow anyone to get money out of me in these situations in a cost effective manner. Being a mark is a decision that looks good in the short term but causes you to absolutely bleed everywhere in the long run.

The trucking company that sold your name to a collections company entered into a contract to haul with the people who screwed them... not with you. You paid what you owed. Them not being able to collect it from the scumbag who they had an agreement with is not relevant to you. I don't much care what the legalities of this situation are, I'm going to make them go all the way enforcing it before I pay a penny.

EDIT: There's also a 50/50 chance that both parties are in cahoots to double bill you. They definitely know each other because they did business with one another and the carrier you assigned the load to is not a freight brokerage. That speaks to a personal or at least close business relationship. They entered the situation with open eyes. You paid what you owed. #### them.

 

Sorry you got screwed by going to the lowest person you can find, instead of going for a quality carrier that has been around a bit.

That being said, here is my experience from teh one time a debt collector took me to court.
Got a credit card from a furniture store, and bought a bedrroom set.
Paid it off.
Some years later I get mail stating I owe x amount for a purchase I never made.
Called the company and as this was before ID theft was really known, they would not accept I didn't actually buy said whatever.
I just let it go, and over the years the debt would get sold, and a new collector would call threatening me.
I'd simply ignore them.
About 15 or so years after that, it finally got sold to a company that is local enough to actually file int eh local courthouse.
Got the summons, so I did the reply thing basically stating it was not my debt. They have no proof the debt is mine as I never signed for said charges, etc...
Also as the debt was sold over a dozen times, they didn't even have the original credit card contract anymore.
Went to court, judge dismissed it with a few derisive comments about wasting his time and all was good.

 

You contracted with and paid party "A". You are not liable to party "B" and party "B" knows that but knows party "A" won't pay him so he's trying to fool you, hoping you're naïve enough to pay the bill to party "B".

Party "B" had an agreement with party "A", not with you. PERIOD !!

The fact that it was sent to collection doesn't mean anything. Those collection agencies are known for taking accounts that they know they can't collect on.

Tell the collection agency that you're not liable and tell them to leave you alone.

Check your credit every month. If the collection agency dings you, file a dispute with all three credit reporting agencies, disputing the charge.

If that doesn't work, file a complaint with the state agency that regulates collection agencies, if that doesn't work file a "diversity suit" in federal court (U.S. District Court) against the collection agency.

The diversity suit is filed if the collection agency is also out of state. If it's in the same state as you, you file in Superior Court.

A diversity suit is a suit between 2 or more parties in different states. Most people don't realize it, but in diversity suits, U.S. District courts enforce state civil statutes.

Although not necessary (because you didn't have an agreement with party "B"), it'd be good to show proof of payment to party "A".

If party "B" claims you had a verbal agreement with party "B", you are still not liable due to the "Statute of Frauds", which is a legal term meaning that all contracts (with few exceptions) must be in writing.

A contract is defined as an agreement between 2 or more parties which is enforceable in court.

 

I've heard of issues like this where the shipper was held responsible. No idea to what extent they are just BS trucker tales.

However, I would look at any shipping contracts, as well as whatever you signed when the company picked it up the shipment. Was there anything you signed at that point? If you had no shipping contract with company B I don't see how you could be held liable. But if you signed something, perhaps it may have said something similar to what insurance claims say, basically that you are giving them the right to bill company A for the service they are providing, but that if Company A fails to pay that you will be held liable for said shipping costs. If you signed something like that then likely you would be held liable to pay a second time.

 

If you're in the business and want to re-use the trucking company over and over. Oftentimes honesty and loyalty pais off. You can be kind and find out the truth. I mean, don't go out of your way if you can't afford however, if you'd appreciate what truckers do, you'd do the right thing. I just think we all need each other, it is matter of time who stays in business and who goes out. If you can afford to take care of it i'd pay the small guy to grow up and plan it use them in the future. They'd appreciate that so much. I know I would.
Good Luck.

 

Me too, I'd appreciate it if he'd pay me too. Unfortunately, people can't afford to just hand out money to people.

If some company came up to me and falsely said I owe them money and they went to a collection agency ... I would do them a favor and give them what they want ???

 

it is not about the getting paid or winning over the situation. I think doing the right is the most important thing.

 

They already did the right thing.
They paid the company that they contracted to haul the freight. They are not (IN MY OPINION) liable to pay any other carrier involved.

 

Yeah the right thing is refusing to pay a penny. The right thing is making them garnish it from your bank account. Zero chance they made money on it if they have to take it that far. You cannot let people abuse you profitably or they will be back. Law of the jungle.