Unpaid freight charges can have a significant impact on your company's cash flow and overall financial health. Consistent non-payment can put carriers in a difficult position, even though payment delays are common. You might need to look into legal options if you've exhausted all of the informal means of collecting your money. What should you know in order to protect your business and recover the money owed, and what legal options are available to you when a freight broker or shipper refuses to pay, in this guide.
1. Review your freight contract
Reviewing the freight contract you have with the broker or shipper is the first step before taking any legal action. The contract will list the terms, conditions, and remedies you may have if payment is delayed or withheld. Some contracts contain dispute resolution clauses that specify how disputes involving payments must be resolved, such as through arbitration or mediation.
Important Remarks to Make:
• Payment policies and deadlines
• Interest or penalties for late payment
• Arbitration, mediation, or litigation clauses for disputes to be resolved.
By understanding your contract, you can determine whether the other party's terms have been violated, giving you a solid foundation for any legal action.
2..... File a claim for freight.
In some circumstances, the best course of action may be to file a formal freight claim. To do this, you must notify the broker or shipper in writing that you are requesting payment for the services or goods you have delivered. A freight claim is a formal request for compensation for non-payment; it can also be used if the dispute involves lost or damaged goods or other transport-related disputes.
How to File a Freight Claim
• Provide the broker/shipper with written notification, including the unpaid amount, the invoice, the delivery confirmation, and any additional information.
• Be sure to submit your claim within the deadlines set forth in the contract or industry rules.
• Follow up with regular communication to make sure your claim is being processed.
3..... The Broker's Surety Bond should be used.
According to the Federal Motor Carrier Safety Administration( FMCSA), freight brokers are required to carry a surety bond or trust fund worth at least$ 75, 000. In the event that the broker fails to meet its financial obligations, this bond exists to protect carriers and shippers. One of the most efficient ways to recover unpaid freight bills is if a freight broker is not paying you. Claiming against their surety bond is one of the best ways to do this.
How to File a Claim for Surety Bond:
• Gather pertinent documents, including your broker's contract with you, proof of delivery, and the unpaid invoice.
• Get in touch with the bonding company that holds the broker's surety bond( this information should be provided by the broker or made available via FMCSA).
• Submit the necessary paperwork to the bonding company in order to file your claim.
The bond company will pay you for the unpaid amount, up to the bond's maximum, if your claim is valid.
4. Bring the case to the Small Claims Court.
You might want to file a case in small claims court if you want to collect smaller unpaid amounts. When the amount owed is within the court's limit, which typically ranges from$ 5, 000 to$ 10, 000, depending on the state, this is a relatively low-cost option for recovering freight bills.
How to File a Small Claims Court Case
• Check the state's small claims court system to make sure your claim qualifies.
• Create documentation, such as the contract, the unpaid invoices, and communications with the broker or shipper.
• Attend the hearing where you present your case and file the claim with your neighborhood small claims court.
You will receive a judgment requiring the broker or shipper to pay the owed amount if the court rules in your favor. Although the collection of the money is simple, the court wo n't handle the actual collection of the money, so it may not guarantee immediate payment.
5. Consider Using a Collections Agency
Employing a collections agency may be a wise choice if the broker or shipper continues to be unresponsive and the amount owed is substantial. Collections agencies have a history of recovering unpaid debts, and they can handle the process of contacting the debtor and bargaining terms with you. Although you'll have to pay the agency a portion of the recovered amount, this can be a successful method of resolving Freight Logic LLC the problem without going to court.
Working with a Collections Agency:
• Select a company with experience in the transportation or freight sector.
• Provide them with all the necessary paperwork, including your contract with the debtor and unpaid invoices.
• Agree on the collection procedure and bargain the fee (typically a portion of the recovered funds).
6..... File a lawsuit against a breach of contract
You might need to file a lawsuit for contract breach if you want to pay more money or if all other attempts failed. Although it takes longer and is more formal, it might be necessary if the broker or shipper refuses to pay significant sums of money. This lawsuit may be handled in federal court or civil court depending on the court's jurisdiction and the amount due.
How to File a Breach of Contract Lawsuit
• Get in touch with a lawyer who specializes in contract or transportation law to assess your case and assess your chances of success.
• Create all forms of documentation, including contracts, unpaid invoices, delivery proof, and communication records.
• File the lawsuit in the appropriate court, go through the legal process, go through discovery, or go to trial, if necessary;
Legal action may be expensive, but it might be the only option for recovering significant unpaid bills.
7..... Report the shipper or broker to the authorities for regulation
You can report the non-payment to regulatory bodies, such as the FMCSA, in addition to going to court for legal action. This may not result in immediate payment, but it may lead to the broker's license being suspended or revoked, which could prevent them from engaging in similar practices with other companies.
How to File a Complaint with the FMCSA:
Visit the FMCSA's National Consumer Complaints Database.
• Provide a complaint describing the broker's failure to pay and any relevant supporting documentation.
• Follow up to see how your complaint is progressing.
By contacting the broker, you help keep them accountable and stop non-payment issues for other carriers in the future.
8. Preventing upcoming non-payment issues.
Once the current issue has been resolved, it's crucial to take action to avoid additional non-payment issues in the future. Implementing best practices for arranging payment terms and vetting brokers can lower your chance of dealing with unreliable clients.
Best Ways to Avoid Non-Payment:
• Before accepting new loads, check the credit of brokers or shippers.
• To ensure faster payments, use freight payment services or factoring firms.
• Establish clear payment terms, penalties for late payments, and dispute resolution procedures for contracts.
You can lessen the chance of dealing with unpaid freight bills by managing your relationships with brokers and shippers.
Final Thoughts
Legal action may be required to recover the money owed to you when you are faced with unpaid freight bills. Knowing your options is essential to protecting your business, whether you decide to file a claim against a surety bond, go to small claims court, hire a collection agency, or file a lawsuit. Always go over your contracts closely, keep track of all transactions, and follow the appropriate procedures to quickly recover payment. By taking the appropriate legal action and putting preventive measures in place, you can protect your company from upcoming non-payment issues.