I sold a machine to a guy out of state. I offered to deliver it. I hired a broker for the move. The broker hired a trucking company. The trucking company made the move. I paid the broker. My client paid me. The broker did not pay the trucking company. The trucking company hired a lawyer. The lawyer calls me and my client demanding payment for the trucker. The lawyer claims that by law we are ulitimately responsible for paying the trucker. In fact the lawyer says I took a risk by hiring a broker instead of a truck company. The lawyer is filing suit against me and my client. My client and myself both have documentation where we paid our debts. Anybody run into this before?
I've been in this situation as the trucking company. Talk to an attorney....I don't think they have a leg to stand on. I don't know what the bill was but a $250.00 letter and phone call would be a pretty cheap bluff on their part.
$3800 was the bill.
The dirt haul business can be inclusive of unscrupulous folks who hire truckers and don't pay them ... there have been recent changes to the Truck Broker Law in California....not sure this applies to your question but perhaps there are various agencies who may 'assist' you in the resolution. By any chance, does the broker offer any solution or suggestion as to helping resolve this?
Never listen to the plaintiff attorney, he'll lie through his teeth to you. This involves Interstate Commerce. Are you sure the broker didn't pay the trucking co? What's the brokers story and do they have proof of payment? I would get the answers to these questions first and then consult an attorney. In tne meantime if the plaintiff att. harasses you anymore, demand he produce the contract or work order between you and the trucking company.
tell the lawyer to G.F.Y. that you paid your debts and if he was any sort of lawyer he would know to go after the brokers bond. That if he continues this course of action you will have no choice but to counter sue.
Every state's different in their views of the interputation of the law and who's responsible, spend a few dollars and hire your own attorney and ask him these questions, if you wind up in court your going to have to hire one anyhow, but from what you wrote, you didn't hire the trucking company, its not your bill to pay, chat with the broker, then an attorney. In my state, the one who does the hiring and calls the shots, pays the bills, if you didn't call the trucking company directly and hire them, you don't have to pay them, unless you signed a paper with the broker that states they are an agent acting on "your" behalf and not an independant broker per say. Take copies of everything you signed to your attorney and have him go over it to figure out who's liable for the bill, and while on the subject, did you sign anything with the trucker who picked up the machine? if so what did it say, anything other than just you witnessed and are signing that the machine was indeed picked up, or is there a clause in the statement of, if the broker didn't pay, you agreed to pay the entire bill? Before telling the lawyer and trucking company off, be sure somewhere along the line you didn't sign anything that puts you liable to paying the bill, seen that done a few times and those signing the tickets were responsible to pay the unpaid bills.
So if the trucker didn't pay his fuel bill , your on the hook for that too? Tell the lawyer to go **** himself, and while your doing it... enjoy it.
I'd like to know where this goes, thought the brokers held bonds
Any legal broker does. Its a federal crime to broker freight for payment without a bond. Quite a big deal.