:thumbsup: what Jumbo said

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

 

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.

 

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

 

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.

 

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.

 

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

 

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.

 

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.

 

spel chik as a wundrfel ting OTG.

 

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.