Yet another question......

Discussion in 'Ask An Owner Operator' started by Beethoven, Dec 14, 2015.

  1. Beethoven

    Beethoven Light Load Member

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    May 3, 2010
    Cincinnati, OH
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    I have recently been running into brokers\shippers that are not willing to pay detention. I don't mean 45 minutes of it, I mean hours and hours of it.

    Question is: have any of you ever had to sue to get your detention? Civil or small claims?

    While detention is an industry standard, are we legally obligated to receive it?

    I will be researching this but just wanted some input.

    As always, please don't answer keep all smarta%¥ comments to yourselves.

    Thanks and be careful out here!!
     
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  3. TheDreamer

    TheDreamer Bobtail Member

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    Dec 21, 2013
    Elkton Va
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    As far as I know nobody is obligated to pay detention and if you read the fine print on a lot of those carrier packets, unless agreed on before hand, you probably won't get any. I could be wrong tho, so I would like to hear what everyone has to say. I haven't had much trouble getting detention but when I have I usually remember to steer clear of them in the future.
     
  4. Ruthless

    Ruthless Road Train Member

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    "Oh you don't pay for all the time you're wasting? Well, hope your product gets where it needs to go!"
    And then I'd leave. No ifs ands or buts.
     
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  5. TheDreamer

    TheDreamer Bobtail Member

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    Dec 21, 2013
    Elkton Va
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    That's right. The couple times I didn't get my detention was for just an hour or so, so I let it go. I always let the broker/shipper know what I'm thinking. Most places won't pay until you've been there two hours so if its getting close to that I let them know how long I've been there and see what they say. If they have a no care attitude it's like Ruthless said, I'm outta there.
     
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  6. xsetra

    xsetra Road Train Member

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    As Dreamer stated. Terms for Detention are usually determined in the Broker contract. Most I sign say something like. Detention is only paid if the Shipper/Receiver pays the Detention claim.
    When it might be an issue most want arrival time on the BOL signed by Shipper/Receiver.
    That is what I have experienced.
    The Brokers that deal with detention a lot usually just tell me to note it myself on the BOL and they will pay. Just with my phone call.
    I know a few Brokers that it is not an issue, just everyday business and I like running their loads.
    Others I agree with Ruthless.
    Good Luck.
     
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  7. rank

    rank Road Train Member

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    50 miles north of Rochester, NY
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    Well they are doing it because they can. Too many trucks right now. You can threaten and hold freight and call them every day and lots of times that will work but sooner or later you might run into a scum bag that doesn't have any back up in them and then you will have a fight on your hands. And after all that time and frustration, you might have a few extra bucks. Or you may have lost money.

    BTW if you read the fine print on those contracts you will see that all legal matters will be filed in the jurisdiction that the broker resides in.....so you have to travel to sue them.

    name the brokers in the bad broker thread on this board. Search the bad broker thread before booking the load.
     
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  8. Beethoven

    Beethoven Light Load Member

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    May 3, 2010
    Cincinnati, OH
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    I am going to check and see if extended detention times can count as unfair business practice. There has to be some recourse we can take against this. Why should I be the only one who loses money?
     
  9. whoopNride

    whoopNride Road Train Member

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    Are you still leased to Farm2Fleet?
    They should be able to help you collect some of this detention.
     
  10. thelushlarry

    thelushlarry Road Train Member

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    glasgow ky
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    When I was in high school I got detention almost everyday.
     
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  11. Broker Bob

    Broker Bob Light Load Member

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    Dec 8, 2015
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    Good luck on that. There is no law in the land nor will there be that mandates detention pay. How about the shipper/receiver/broker charges you for being late to your appointment and deducts it from the settlement??
     
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