Escrow

greywolf184 · Mar 17, 2011

Hi I have a question I hope someone can answer for me. If you drive for someone (4 yrs now) and have already paid into your escrow account, can you be charged another escrow? Here's what happened. My husband and I were going to come off of the road back in Jan. so he informed the truck owner. Now the company we drove for never had us as quitting, and at the end of the month we decided to stay on the road. We picked our truck up from the storage yard the truck owner had it at and continued to drive for him as we had been. Now the issue is he never refunded our escrow to us charged us for the truck insurance for the whole month of Jan. and charged us for the storage fees and fuel for storing the truck. Now he wants to charge us another escrow even though he has our first and had not applied it to anything, He claims well you quit so I kept it for lost revenue but yet we had to continue to pay all of the fees and insurance for the time we were off. I stated to him how can he charge us if we quit and he refused to answer that. i also asked him where did he apply the first escrow since we were charged for everything when we started driving again. I have statements to reflect all of the charges he collected, and now he temporarily added a bonus onto our statement so he can take that bonus to apply to the new escrow. Is this legal? I always thought it had to be refunded unless there was damage to the truck (which there was none) In fact the truck only went a few miles from our house when we quit and we picked it up from there. It was as if we took 4 weeks off, but that is how he is trying to justify taking another escrow in the amount of $1000.00. Is there anyone who could please help me with this issue? Thank You.

purgoose10 · Mar 17, 2011

If that's the thanks you get for 4 yrs service, I'd find another place to work, then get my money back.

How much did he charge you for Vacations over 4 yrs?

xiggi · Mar 17, 2011

Did you have a contract?

Although there is normally two sides or 3 to every story I think I would be looking for another owner and make sure you always have a contract.

greywolf184 · Mar 17, 2011

My husband and I are actually looking for someone else to drive for due to these problems. We have made this guy more money than any of his other drivers but yet get treated this way, we dont need that.

greywolf184 · Mar 17, 2011

We have a contract that was a 1 yr but has never been updated. If we refer to the old one he will remind us that it is no longer valid but refuses to renew it.

purgoose10 · Mar 17, 2011

greywolf184 said:
We have a contract that was a 1 yr but has never been updated. If we refer to the old one he will remind us that it is no longer valid but refuses to renew it.

If the owner won't renew the contract and you are still driving for him something is wrong somewhere. After 4 years have you thought about getting a unit for yourself. If you made him money and you survived the last 4 yrs sounds to me like you would do alright on your own.

BillChaffey · Mar 17, 2011

For what it's worth Ms Wolf,
my advise would be find an Attorney in the State your Contract was drawn up in and make an appointment. Most will not charge for an initial consultation.
Good luck.

Steady Eddie · Mar 17, 2011

greywolf184 said:
Hi I have a question I hope someone can answer for me. If you drive for someone (4 yrs now) and have already paid into your escrow account, can you be charged another escrow? Here's what happened. My husband and I were going to come off of the road back in Jan. so he informed the truck owner. Now the company we drove for never had us as quitting, and at the end of the month we decided to stay on the road. We picked our truck up from the storage yard the truck owner had it at and continued to drive for him as we had been. Now the issue is he never refunded our escrow to us charged us for the truck insurance for the whole month of Jan. and charged us for the storage fees and fuel for storing the truck. Now he wants to charge us another escrow even though he has our first and had not applied it to anything, He claims well you quit so I kept it for lost revenue but yet we had to continue to pay all of the fees and insurance for the time we were off. I stated to him how can he charge us if we quit and he refused to answer that. i also asked him where did he apply the first escrow since we were charged for everything when we started driving again. I have statements to reflect all of the charges he collected, and now he temporarily added a bonus onto our statement so he can take that bonus to apply to the new escrow. Is this legal? I always thought it had to be refunded unless there was damage to the truck (which there was none) In fact the truck only went a few miles from our house when we quit and we picked it up from there. It was as if we took 4 weeks off, but that is how he is trying to justify taking another escrow in the amount of $1000.00. Is there anyone who could please help me with this issue? Thank You.

I may be incorrect, but based on the above statment, it seems you are at a net 1,000.00 in your escrow.
He gave it back to you in a form of a bonus, then re-added it to you as a new escrow in the same amount. Problem would be if he took the 2nd 1,000.00 out as your rehire escrow.

If I am incorrect I'm sure someone will put me right.

greywolf184 · Mar 17, 2011

Steady Eddie. No you are a little off. He never refunded the first escrow. He kept it.

Posted with my Droid EO Forum App

LDB · Mar 17, 2011

+1 for talk to an attorney about it and +1 for getting a current contract. Good luck.

highway star · Mar 17, 2011

Steady must have been confused about the "bonus". Was this not really a bonus and more of a loan?

I see you're an OOIDA member. That seems like a better resource for legal questions that an internet forum. This forum is the last place I'd go for legal advice. Just sayin'...

greg334 · Mar 17, 2011

Grey, yes it is legal unless it is defined what the escrow in used for, how it is paid out and how it is collected. Unless you both considered the contract is closed, I think in some states that has to be in writing, you still had a contract with him - especially with the fact he let you take the truck again without a new one.

I would just tell him to take a hike and go to another owner. Talk to your CPA on how to use the loss to offset any taxes and just put it on the list of things to watch for in the future.

purgoose10 · Mar 17, 2011

highway star said:
Steady must have been confused about the "bonus". Was this not really a bonus and more of a loan?

I see you're an OOIDA member. That seems like a better resource for legal questions that an internet forum. This forum is the last place I'd go for legal advice. Just sayin'...

Roger on the OOIDA, that's the thing to do.

Steady Eddie · Mar 17, 2011

"now he temporarily added a bonus onto our statement so he can take that bonus to apply to the new escrow."

I guess I read something into that wasn't there?

melanieanne · Mar 17, 2011

Switch Owners.

If an owner got to charge u an Escrow, 9 out 10 they not going to give it back. The Escrow is supposed to be placed in to an account and all interest is suppose to be paid to you and Reported on your taxes. If the Owner never did this he she is ripe for an audit from IRS. Watch what happens there is a few Owners out there that IRS will be Auditing this year. Dont be surprised when they they come calling best be able to provide some Southern Hospitality, Needless to say Crumpets, Krispy Creams or Long John Silvers won't be suffice.

greg334 · Mar 17, 2011

melanieanne said:
The Escrow is supposed to be placed in to an account and all interest is suppose to be paid to you and Reported on your taxes.

Nope, there isn't any law that says this. This is an agreement between two parties to drive a truck, and neither of them are carriers.

cheri1122 · Mar 17, 2011

greywolf184 said:
We have a contract that was a 1 yr but has never been updated. If we refer to the old one he will remind us that it is no longer valid but refuses to renew it.

In the absence of a current contract, the old one should be considered to be extended, IMO, so the question is what it says regarding escrow [when refunded, interest?] and "lost revenue" - did it specify requirements you didn't honor, allowing him to make that claim?
OOIDA would be my first call. Good luck, hope you find a more honest owner, and get what you deserve.