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-   -   Legalities? (https://www.classadrivers.com/forum/owner-operators-forums/38450-legalities.html)

dobry4u 08-10-2009 01:05 AM

Quote:

Originally Posted by Jumbo (Post 458661)
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.

:thumbsup: what Jumbo said

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

chris1 08-10-2009 11:17 AM

Quote:

Originally Posted by freebrd (Post 458644)
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 08-10-2009 12:27 PM

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 08-10-2009 02:32 PM

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 08-10-2009 03:48 PM

Quote:

Originally Posted by Bigmon (Post 458706)

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 08-10-2009 05:51 PM

Quote:

Originally Posted by Bigmon (Post 458706)
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 08-11-2009 12:41 AM

Quote:

Originally Posted by freebrd (Post 458644)
not true rev!

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

Quote:

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 08-11-2009 03:36 AM

Quote:

Originally Posted by freebrd (Post 458478)
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?:roll3:

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. :roll: :roll:

No rate confirmation for the truck?? :hellno: :hellno:
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 08-11-2009 01:16 PM

spel chik as a wundrfel ting OTG.

freebrd 08-13-2009 10:29 PM

jeeze! i knew it!!
 
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.
-=-------------------------------------------------------------------------------------------------------
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.


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