How to Handle Unpaid Freight Bills: Legal Solutions for Carriers
How to Handle Unpaid Freight Bills: Legal Solutions for Carriers
Blog Article
Unpaid freight bills have a significant impact on your company's cash flow and overall financial health. Although payment delays are common, inconsistent non-payment can put carriers in a difficult position. You may need to look into legal options if you have exhausted all of the informal means of collecting your money. We'll go over the legal options that you can take when a freight broker or shipper wo n't pay, as well as what you need to know to protect your company and get the money owed.
1. Examine Your Freight Contract
Reviewing the freight contract you have with the broker or shipper is the first step before taking legal action. The contract will list the terms, conditions, and remedies you may have if your 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.
Remarkables to Make During the Review
• Payment policies and deadlines
• Late payment fines or interest
• Arbitration, mediation, or litigation clauses for disputes to be resolved.
By understanding your contract, you can find out if the other party broke the terms of it, 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. For this, you must inform the broker or shipper in writing that you are requesting payment for the services or goods you have provided. 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 a written notification, including the unpaid amount, the invoice, the delivery confirmation, and any additional information.
• Make sure to submit your claim within the deadlines set forth in the contract or industry guidelines.
• Follow up with regular contact to make sure your claim is being processed.
3. Loan the Broker's Surety Bond
According to the Federal Motor Carrier Safety Administration( FMCSA), freight brokers are required to carry a surety bond or trust fund of at least$ 75, 000. In the event that the broker fails to fulfill its financial obligations, this bond exists to protect carriers and shippers. One of the best ways to recover unpaid freight bills is when a freight broker refuses to pay you for their surety bond.
How to File a Surety Bond Claim
• Gather pertinent documents, including your broker's contract with you, proof of delivery, and the unpaid invoice.
• Get in touch with the bond holding company for 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 so you can file your claim.
The bond company will pay you for the unpaid amount, up to the bond's maximum, if your claim is true.
4.... Take the case to the Small Claims Court.
You might want to think about bringing a case in small claims court for smaller unpaid amounts. When the amount owed falls 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:
• Make sure your claim qualifies by researching the small claims court system in your state.
• Create documentation, such as the contract, the unpaid invoices, and communications with the broker or shipper.
• Attend the hearing to present your case and file the claim with your neighborhood small claims court.
You will receive a judgment for the broker or shipper if the court rules in your favor and demands payment of the owed sum. Although the collection of the money is simple, the court wo n't be able to collect it in its entirety, so this process 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 is unwilling to pay the owed amount Freight Logic LLC because of how much it is owed. Collections agencies have a history of recovering unpaid debts, and they can handle the process of contacting the debtor and negotiating payment for you. Although you'll be required to pay the agency a portion of the recovered amount, this can be a successful method of resolving the problem without going to court.
How to Work with a Collections Agency:
• Select a company with expertise in the freight or logistics sector.
• Provide them with all the necessary paperwork, including your agreement 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 a contract
You might need to file a lawsuit for contract breach if you want to pay more money or if all other attempts have 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 owed.
How to File a Contract Lawsuit in Breach:
• Get in touch with a lawyer who specializes in contract or transportation law to go over your case and assess your chances of success.
• Create all forms of documentation, including contracts, unpaid invoices, delivery documentation, and communication records.
• Begin the legal process by bringing the lawsuit to the appropriate court and going through a trial, discovery, or mediation 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 responsible for regulation
You can report the non-payment to regulatory bodies, such as the FMCSA, in addition to taking 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 going.
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 lessen your chance of dealing with unreliable clients.
Best Techniques for Preventing Non-Payment:
• Before accepting new loads, check the credit of brokers or shippers.
• To ensure faster payments, use freight payment services or factoring companies.
• Establish clear payment terms, fines for late payments, and dispute resolution procedures for contracts.
You can lessen the chance of having to deal with unpaid freight bills by managing your relationships with brokers and shippers.
Final Thoughts
Legal action may be required to pay back the money owed to you when 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 review your contracts closely, keep track of all transactions, and follow the appropriate procedures to quickly recover payment. You can protect your business from upcoming non-payment issues by taking the right legal action and putting preventive measures in place.