Carrier not paying me. What to do? Please help.

[classz]

I want help. I need to know what sort of rights does law provides to us single truck owner operators who work there @ss off for some small fleet company as independent contractors and then after month or so they refuse to pay you, won't answer your phone calls and you can't visit them coz they are out of home town? I've been having a hard time to get my three completed loads pay(almost $4500/-). They know I'm not going to work with them and thats why they verbally fired me and since than haven't paid me. It's more than 2weeks now and I'm having a hard time to adjust with not having the "expected-unexpected money"!!!

I've searched all over the web, California Labor Law websites and yellow pages but I can't find anything which seems positives for owner operators. Can someone please help me some sort of unofficial advise?

[GMAN]

If you are leased to a carrier, regardless of size, they have up to 6 weeks to pay you for your final settlement. If you owe them anything for base plates, insurance, claims, etc., those charges may be deducted from the amount. The fair labor act doesn't come into play since you are an independent business owner. You are not an employee. The law makes a distinction. If you are not paid in 6 weeks, then you can file a lawsuit against them in small claims court. Most carriers will take the entire 6 weeks to make the final settlement.

[tootie04]

yep, what GMAN said.

Believe me they will find every LITTLE thing to nit pick and you can easily be left with nothing... :evil: :evil:

Good luck

tootie

[Joethemechanic]

You know it is a good idea to have a lawyer if you are going to be in business. Search Martendale Hubble and find someone who practices transportation law and get them on retainer.

I pay my lawyer $1,000 to keep him on retainer, and he bills against that at $200 @ hour. When it gets low I send him more money.

Really every owner operator should have a lawyer. You would be surprised how many times a letter from a lawyer will prompt a deadbeat to pay up

[solo379]

If you OOIDA member, I'd suggest you contact them. They have business department, and also collection. Anyhow, they could give you a professional advise!

[classz]

If you OOIDA member, I'd suggest you contact them. They have business department, and also collection. Anyhow, they could give you a professional advise!

I did contacted OOIDA's Collection Department. The girl I spoke to said was very helpful and gave me some unknown information I never knew existed. But she can't help me..... the reason, ....... what all OOIDA do is just make a call to company who owes you money and if the "company" does not wants to speak to OOIDA there is nothing OOIDA can do. "Thats legal" according to the rep I spoke to. And thats exactly what my former carrier did. On top of that they(former company) send me a final settlement offsetting my owed money with huge claims charges, load cancellation charges, trailer transportation, etc., etc,. Complete "Bull$H!T".

I know I can take'em to Small Claims Court and can represent a solid case as they violated many terms in their lease agreement but according to a lawyer who gives free email advice says I'll still lose coz Small Claims Court is not the final word and their are millions of cases there all the time with success rate only in single digits. I'm all depressed and disheartened at the moment as this happens to us in America. Businesses screw Independent Contractors in which ever way they want. Hard Worked $4500/ down the drain. :sad:

[flyindy]

Classz,sorry to hear about the bad deal you got on this,just curious who the carrier is so other folks can avoid them ??

[no_worries]

I wouldn't take that email lawyer's advice as gospel. Small claims court decisions are just as binding and just as subject to appeal as filing a lawsuit. The difference is that lawyers often are not involved, at least in the case of someone in your shoes. My guess is this guy is trying to drum up business.

[LOAD IT]

Classz--What charges does your former company have on you that are legit? You said huge claims- how may claims can you have caused with these people? Load cancellation charge? I assume you blew off your last load? A lot of us have done that when enough is enough, did you do that? Trailer transport? Did you not return their equipment to an approved location? What would you do if a driver left your tractor in BFE or Southside Chicago? I would bet that you and former carrier fell out of love and they are using every little deduction in the lease agreement to keep "YOUR" money. Take them to court and have them defend each deduction. Good Luck, you should probably chalk this up to a lesson learned and keep on truckin'.

I had a disagreement with a landlord a long time ago and technically, he was legally right, not morally though. The landlord took me to small claims court. My ex brother in law was a lawyer.

He filed two postponements for a total of like 4 months.

Showed up and asked for documents which he knew the landlord did not have. Another postponement.

Day in court and Judge finds me guilty.

My lawyer files for an appeal.

6 months later our appeal date comes up.

My lawyer files a postponement.

6 months later I show up alone like my lawyer says to. Landlord not there, case dismissed.

Point is, if the case is local where the company is based and local on staff lawyers, they will beat you to death and they can drag it on for years if they like.

When all is said and done you will have paid your lawyer much more than the original amount. You also cannot sue for your lawyers expenses.

[classz]

I wish I could name the Company but I'm afraid of being sued. Hope you guys understand. Anyhow update ........ I'm STILL WITHOUT MONEY.

[allan5oh]

You also cannot sue for your lawyers expenses.

You can recover your lawyer costs, but only if you win.