Steps to Take When Freight Bills Are Unpaid: Legal Solutions
Steps to Take When Freight Bills Are Unpaid: Legal Solutions
Blog Article
Unpaid freight charges can 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. 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. Examine 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 terms and due dates
• Late payment fines or interest
• 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 broken, giving you a solid foundation for any legal action.
2..... File a cargo claim
In some circumstances, the logical next step 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, and it can also be used if the dispute involves lost or damaged goods or other transport-related disputes.
How Do I File a Freight Claim:
• Provide the broker/shipper with 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 rules.
• Follow up with regular communication 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 the 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 Surety Bond Claim:
• Gather pertinent paperwork, 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..... 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 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:
• Check the state's small claims court system to see if your claim qualifies.
• Create documentation, including 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 local 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 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 significant. Collections agencies have a history of success in recovering unpaid debts, and they can handle the process of contacting the debtor and negotiating payment for you. Although you'll have to pay the agency a portion of the recovered amount, this can be a Freight Logic LLC successful way to resolve the problem without going to court.
Working with a Collections Agency:
• Select a company with expertise in the transportation or freight sector.
• Provide them with all the necessary paperwork, such as your contract with the debtor and unpaid invoices.
• Agree on the collection procedure and bargain the fee (typically a percentage 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 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 due.
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.
• Prepare all forms of documentation, including contracts, unpaid invoices, delivery documentation, and communication records.
• File the lawsuit in the appropriate court, go through the legal process, go through discovery, or go to trial, if necessary, and go through the legal process.
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 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 FMCSA:
• Go to the FMCSA's National Consumer Complaints Database.
• Include a complaint about the broker's failure to pay, as well as 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. 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: Best Practices
Before accepting new loads, conduct credit checks on 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 reduce 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 faced with unpaid freight bills. Knowing your options is essential to safeguarding 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 agreements carefully, 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.