Legalities?

[freebrd]

Booked a load the monday before last with shipper he said just go pick it up and ill call u with adrresess . Was a two day drive to the state To drop, shipper hasnt called so i call him he doesnt have the addresses so a day later i call him he says dont have them but ill tell you who it is an you call and get the addresses so i get o on the internet and find thier all over the state like a lowea or walmart made a couple calls to no avail and thought to myself thiis rdicoulous .
Called shiper heis now in vegas says dont have them with me ok fine i hang up a and the next day ill call him again he says hold on ill get on my laptop and get them. so i tell him the original rate has changed! he says no! youll deliver them for the original rate.
and told me he will find me and kill me. this guy sounds really off to me he allways talked down to me!
So after 10 days of sitting on this loosing loads everyday WHAT ARE MY LEGAL OPTIONS?

[Rev.Vassago]

What did the contract you signed state the terms were regarding delays?

[freebrd]

Hey rev thanks for posting! we didnt have a contract nothing but a basic blank bill of lading with ,just verbal.
if he hadnt been so rude and belittling and just got me the addresses! I really dont understand did he think i was gonna pull it out my butt.

[Rev.Vassago]

we didnt have a contract

There is your answer right there. You have no legal recourse.

[b00m]

I don't get it!

What do you mean loosing loads for 10 days?You had to sit until delivery for 10 days or what?

[chris1]

No contract spelling out detention,layovers,ect good luck collecting. The question is why would you take a load without knowing the final destination?

[GMAN]

You should have received a written rate confirmation with the pickup and shipping information along with the rate and any pertinent information. There are only a couple of people with whom I have worked over the years that I have taken a load with only a verbal agreement. I had done business with these people long enough that I knew that they would honor any verbal agreement we had. Unless you have something in writing you may not even get paid. Without a written agreement you have little recourse. About the only thing you could do is tell this guy that you will hold the load until you receive everything that has been agreed to in writing. You could also send him something in writing that states that unless you receive the information you need by a certain time that you will put his load in storage and he will need to pay for the storage charges. My guess is that you may have difficulty collecting from him anyway. If he threatened you then it may be time to get the authorities involved.

[freebrd]

not true rev!LOL JUST CURIOUS REV! WOULDNT THAT WORK ON BOTH SIDES OF THE FENCE?

chris1 No contract spelling out detention,layovers,ect good luck collecting. The question is why would you take a load without knowing the final destination? CHRIS WHEN A BROKER SENDS U HIS CONTRACT DO YOU SEND HIM YOURS? OR DO U JUST SIGHN THE PAGES THAT NEED SIGNING AND SEND IT BACK WITH YOUR CARRIER PACKET? INS.W-9
ETC.? ON THE COLLECTING PART I GOT HIS GOODS! EASILY COVER EXPENSES.

I WAS TALKING TO SHIPPER TO GET ADDRESES THATS WHAT I WAS WAITING FOR! THEN JUST GOT TIRED OF WAITING.

HEY GMAN THANKS FOR THE POSTS! THats what im doing holding his good till he pays for shipping! question is how long do i have to hold it before i sell.

thanks to all that posted!

[Jumbo]

I am pretty sure you cant sell his stuff. That would be stealing. Sure, he is a shady fellow but I dont think you can just sell his stuff. It sounds to me like he had you run it and he cant get rid of it on the other end so he has you as a rolling warehouse. 10 days? Sorry about your damn luck.

[GMAN]

HEY GMAN THANKS FOR THE POSTS! THats what im doing holding his good till he pays for shipping! question is how long do i have to hold it before i sell.

thanks to all that posted!

You need to be careful about holding anyone's goods. Laws can differ from one state to another. I would check the laws where you are and see what they say. You can't just hold his goods ransom. It goes back to what is spelled out and agreed to in writing by both parties. The easiest way to check is to call a lawyer in your area and ask them what you could do. Essentially, you can do what you want. However, you don't want to break the law yourself in doing what you want. I would only get the authorities involved as a last resort. There is no way I am sitting on a load for 10 days without being compensated. Perhaps you can work something out with him without getting others involved. That would be the easiest thing to do. In any case, it would probably be best to get a comcheck before or upon delivery before the goods are unloaded.

[dobry4u]

I am pretty sure you cant sell his stuff. That would be stealing. Sure, he is a shady fellow but I dont think you can just sell his stuff. It sounds to me like he had you run it and he cant get rid of it on the other end so he has you as a rolling warehouse. 10 days? Sorry about your damn luck.

what Jumbo said

unless you have a money judgment and a writ of property seizure.... you have no right to his property

[chris1]

CHRIS WHEN A BROKER SENDS U HIS CONTRACT DO YOU SEND HIM YOURS? OR DO U JUST SIGHN THE PAGES THAT NEED SIGNING AND SEND IT BACK WITH YOUR CARRIER PACKET? INS.W-9
ETC.? ON THE COLLECTING PART I GOT HIS GOODS! EASILY COVER EXPENSES.

If the contract doesn't have a detention policy ask about it and get it in writing. Not an un-common request and usually complied with. If not,no one is forcing you to take the load.
BTW i never sign anything that i don't agree with.
You signed a contract that specified payment in X amount of time. That is extension of credit. You can't simply rescind the credit out of hand. Is there any indication that he won't pay you as agreed?
The broker doesn't own the product,he only arranges the transportation of the product. There is a legal process to collect your money,holding a load hostage only dis-credits yourself for future loads with anyone. And possible civil and/or criminal charges if the owner of the product pushes the issue.

[SickRick]

In regards to the other (good info) that Chris and others have posted;

Go to FMCSA's site and verify this guy is actually a BROKER. Just like O/O's have to file documents with FMCSA (ie: INSURANCE COVERAGE) to obtain Operating Authority, likewise Brokers have to file documents to verify a PERFORMANCE BOND - which can be CLAIMED AGAINST in the event of NON-PERFORMANCE.

Contracts should be exchanged by BOTH PARTIES and agreed to - BEFORE - a load is picked up. Unfortunately, this rarely happens (the actual exchange/acknowledgment of the CARRIERS contract).

In the old days (and still) the carriers STANDARD TERMS were referred to as a TARIFF (a holdover from the days before deregulation). This spells out detention, FSC's and every other conceivable circumstance in the transaction, and is usually ATTACHED to the "basic contract", and referred to as "see attached tariff" in contract nomenclature.

Nowadays, we're all just happy to grab a load that gets us OUT OF somewhere we may not want to be, or IN TO somewhere we DO want to be - and still make some PROFIT doing it.

Thanks to ALL for the lessons I'm learning by reading and participating on this board. Hopefully, some of the hard lessons learned by OTHERS here will sink into my thick skull and I can AVOID some of the problems experienced by other members in my trucking future...

Rick

[Bigmon]

Who's property is it? The shipper or the receiver? I remember something like this happened to someone else here and they told the receiver to pay the bill and it got settled pretty quick.

I have a friend that has a auto body shop and when a customer can't pay the deductible they hold the car hostage. A few customers have called the Police and they said it's a civil matter. You should check and see if this is the same.

[chris1]

I have a friend that has a auto body shop and when a customer can't pay the deductible they hold the car hostage. A few customers have called the Police and they said it's a civil matter. You should check and see if this is the same.

Completely different scenario. You did not extend credit to the car owner,the bill has to be paid before picking up.Many states have "third party" laws that would allow the criminal and/or civil prosecution.

[dobry4u]

I have a friend that has a auto body shop and when a customer can't pay the deductible they hold the car hostage. A few customers have called the Police and they said it's a civil matter. You should check and see if this is the same.

Totally different.. that is called a mechanic's lien.

[Rev.Vassago]

not true rev!

So if you have all the answers, why did you even bother to ask the question?

LOL JUST CURIOUS REV! WOULDNT THAT WORK ON BOTH SIDES OF THE FENCE?

Sure would! But as it has already been stated in this thread, unless you were hauling directly for the person who owns the freight, hijacking the freight to obtain more money that is above and beyond a nonexistent contract is not only futile, it could easily turn into theft.

Maybe instead of copping an attitude with people who aren't telling you what you want to hear, perhaps you should listen to the advice you're being given.

And next time, have a contract in place before you even start driving to pick up a load.

[Orangetxguy]

Booked a load the monday before last with shipper he said just go pick it up and ill call u with adrresess . Was a two day drive to the state To drop, shipper hasnt called so i call him he doesnt have the addresses so a day later i call him he says dont have them but ill tell you who it is an you call and get the addresses so i get o on the internet and find thier all over the state like a lowea or walmart made a couple calls to no avail and thought to myself thiis rdicoulous .
Called shiper heis now in vegas says dont have them with me ok fine i hang up a and the next day ill call him again he says hold on ill get on my laptop and get them. so i tell him the original rate has changed! he says no! youll deliver them for the original rate.
and told me he will find me and kill me. this guy sounds really off to me he allways talked down to me!
So after 10 days of sitting on this loosing loads everyday WHAT ARE MY LEGAL OPTIONS?

So....You are hauling this load for a "Shipper"....NOT a "Broker"??

Exactly what type shipper loads a truck of any kind, without having paperwork that shows where the product is going, what the product is, and whom is paying the freight charges?

This sounds to surreal.

No rate confirmation for the truck??
Even "Direct Bill" shipper's give the truck a rate confirmation of some sort.

Unless of course this is a "good buddy" load.

It reads like you left the shipper without proper paperwork, in one of your replies. qoute; [I WAS TALKING TO SHIPPER TO GET ADDRESES THATS WHAT I WAS WAITING FOR! THEN JUST GOT TIRED OF WAITING.]


Tell me that you're usually a better business-man than what this thread shows.

And please...down-load the google toolbar, so you can take advantage of their spellcheck feature.

[RostyC]

spel chik as a wundrfel ting OTG.

[freebrd]

Rev.Vassago


So if you have all the answers, why did you even bother to ask the question?

Sure would! But as it has already been stated in this thread, unless you were hauling directly for the person who owns the freight, hijacking the freight to obtain more money that is above and beyond a nonexistent contract is not only futile, it could easily turn into theft.

Maybe instead of copping an attitude with people who aren't telling you what you want to hear, perhaps you should listen to the advice you're being given.

And next time, have a contract in place before you even start driving to pick up a load.
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ive been reading these forum for years but this is the stuff that keeps me from posting NO HARD FEELINGS REV!! NONE HERE! JUST TRUTH!

REV DO ME A FAVOR AND RE-READ MY ORIGINAL POST ! THEN COME BACK AND RE-CLARIFY YOUR RESPONSE! THANK YOU!


SPELL CHECK ! I dont see were what i wrote was that hard to understand. or needs spell check! lets not worry so much about spell check and try to help each other out as much as we can! how bout that?
ANYWAYS ! I WONDER HOW MANY POSTERS OIN HERE ACTUALLY DRIVE OR OWN TRUCKS?
REV I DIDNT MEAN TO HURT YOUR FEELINGS! I SAY IN THE FIRST SENTENCE ITS SHIPPER DIRECT.