Freight Broker Non-Payment: What to Do Next

When a freight broker owes you money, it can seriously strain your company's cash flow and operations. Knowing how to handle the situation is crucial, whether it's due to delayed payments, disputes, or simply refusing to pay. We'll give you actionable advice to help you recover your funds quickly and defend your business in this guide. We'll walk you through the steps you should take when a freight broker owes you money.

1. Review the terms of your agreement and payment.

Examine the terms of the contract you have with the freight broker before proceeding. Pay particular attention to the payment terms, which include the agreed-upon deadlines for payment as well as any possible conditions that might affect the procedure. This will help you understand your legal standing and prevent the broker from actually violating the agreement.



Important Steps

• Look out for any provisions governing late fees or fines for late payments.

• Verify that all necessary paperwork, such as delivery and invoice documentation, was properly and on time submitted.

2..... A reminder to make a formal payment is sent.

The next step is to send a formal payment reminder once you've confirmed that your payment is overdue. To ensure that the broker receives it, this can be done via email or a certified letter. Maintain a professional tone by clearly stating the amount owed, the original due date, and the payment terms as defined in the contract.

A template for an email reminder about payments:

• Subject: Payment Reminder for [Invoice Number] Invoice#

• Body: Dear [Broker Name], we would like to let you know that payment for the invoice number [dated]Date] is now due. Payment was due on [Due Date] in accordance with the agreed payment terms. Please arrange for the [Amount Owed] to be paid for as soon as possible. I appreciate your prompt attention to this issue.

3..... Make a Phone Call to Follow Up with a Follow-Up Text

Follow up with a phone call to the freight broker if your payment reminder is ignored. A phone call can sometimes help you get the job done more quickly because it enables you to speak directly with the broker or their accounts payable department.

Tips for the Call

• Demand a specific payment date and be firm but polite.

• Take notes of what is being discussed, along with any payment promises that have been made.

4. Request options for quick-pay or factoring

If a freight broker is having trouble with their temporary cash flow, they might be able to provide quick cash services or factoring as an alternative. While factoring involves selling the invoice to a third-party factoring company, which will pay you upfront and collect the payment from the broker, quick-pay allows carriers to receive a faster payment, frequently for a small fee.

How to proceed

• Find out if the broker offers quick payment or if they can arrange factoring for the balance.

• Assess the costs and advantages of accepting these choices, if available.

5. File a claim against the freight broker's secured bond

In the event that a freight broker in the United States fails to pay, they are required to have a surety bond, which acts as a financial guarantee for the parties. You can file a claim against the broker's bond if you are unable to recover payment from them.

How to File a Claim for Surety Bond:

• Find the broker's surety bond information, which should be listed on the contract or accessible through the Federal Motor Carrier Safety Administration( FMCSA).

• Send a claim to the bonding company, along with all necessary paperwork, such as the unpaid invoice, contract, and proof of delivery.

The bonding company will pay you up to the bond's maximum if check here the claim is approved.

6..... Report the broker to the FMCSA.

Reporting a broker to the FMCSA can help them hold them accountable if they are refusing to pay or have a history of non-payment. The FMCSA regulates freight brokers, and it looks into complaints about non-payment, which could lead to fines or the broker's license to be revoked.

How to File a Complaint:

• Go to the FMCSA's National Consumer Complaints Database.

• Give details about the broker, the amount due, and any efforts you've made to collect the payment.

7..... Take into account hiring a collection agency

Employing a collections agency may be a viable option if you still are unable to recover your payment despite following the previous instructions. Collections agencies have a focus on recovering unpaid debts and will handle the phone call and payment process. Keep in mind that collection agencies typically charge a fee for a portion of the recovered funds.

How to Pick a Collections Agency:

• Research companies that concentrate on the transportation and logistics sector.

• Ensure the organization has a valid license and a proven track record of successfully collecting unpaid freight bills.

8. As a last resort, seek legal action.

You might need to sue the broker in court as a last resort to get your money back. You may be able to file a lawsuit in small claims court or file a lawsuit depending on the amount owed and the circumstances. It's important to weigh the potential advantages against the costs because legal action can be expensive and time-consuming.

Steps of a legal proceeding

• Get in touch with a lawyer who specializes in contract or transportation law.

• Take into account the broker's financial stability before acting, as a judgment wo n't guarantee payment if the broker is insolvent.

9. Protect Yourself for upcoming business transactions

Once the current issue has been resolved, it's crucial to take legal action to protect your company from upcoming non-payment claims. Implementing some best practices can help to lessen the chance of dealing with brokers who might not be paid on time.

Important Best Practices:

• Conduct a credit check on brokers before accepting new loads.

• Assess the broker's payment history using freight broker rating services.

• Consider using a factoring service to receive payments more quickly and with fewer risks.

ConclusionA freight broker owing you money can be a frustrating and stressful experience. You can increase your chances of getting your money back by taking the necessary actions, such as reviewing your contract, sending payment reminders, filing claims, and requesting outside assistance as needed. By examining brokers and considering alternative payment options like factoring, it's also important to keep an eye on yourself for potential non-payment issues in the future.

You can navigate the difficulties of unpaid freight bills and keep your company running smoothly with the right strategy.