Fleet owner trying to keep escrow

davekc · Mar 17, 2013

Playing "devils advocate"
One never knows with these kind of threads as we are hearing only one side.
Also.....not sure what this means? " Return of escrow after two notice is for filled $500."
Since that statement makes little sense, would could also make an assumption that you might not know ALL of the specifics in your contract with this guy.

zorry · Mar 17, 2013

I guessed AFTER TWO WEEKS NOTICE IS FULFILLED.

purgoose10 · Mar 17, 2013

If your expecting a return right away than think again. Depends on what your contract states. I don't know many fleet operators that even mention it. I pay mine by the mile and hourly so not sure. I've heard 45 days as mentioned earlier but it can be as much as 90 days. If he's selling the rig then it sounds like your screwed. Good luck.

davekc · Mar 17, 2013

zorry said:
I guessed AFTER TWO WEEKS NOTICE IS FULFILLED.

That was my original thought, then he says you get 500. That is the problem. Either he doesn't really know his contract or he isn't articulating it very well.

zorry · Mar 17, 2013

My guess: both.

truckerinnc · Mar 18, 2013

What do you do about an owner who refuses to pay you for your last several runs with his company, close to $1,500? Due to the fact that 4 out of the last 5 paychecks sent to me bounced, I decided to transfer to another trucking company. Although I gave my notice, he has refused to send me my final paycheck and will not return the dozens of phone calls I have made to him since the end of January. The woman in his accounting department has continually "been away from her desk" for two months now. I am not the only employee he has cheated out of money.

davekc · Mar 18, 2013

Probably need to find out why. As mentioned, a call from OOIDA may help. After that a personal visit and or small claims court. Make sure you have the BOL's confirming you completed the runs.

zorry · Mar 18, 2013

Don't you take bounced checks to the Sheriff now ?

davekc · Mar 18, 2013

zorry said:
Don't you take bounced checks to the Sheriff now ?

What are they going to do?

zorry · Mar 18, 2013

I thought passing bad checks is looked at more as a criminal case in this era. Basically fraud.
The sheriff at your door garners more attention than a certified letter .

davekc · Mar 18, 2013

zorry said:
I thought passing bad checks is looked at more as a criminal case in this era. Basically fraud.
The sheriff at your door garners more attention than a certified letter .

It may have been the case some time ago but with the way the economy is, all police depts would be doing is that. Worth a call but I wouldn't be too optimistic.

guido4475 · Mar 18, 2013

zorry said:
Well a carrier has 45 days to refund to an IC.
Isn't this a leasing company ( ala Penske) leasing a unit to a driver ? The unit happens to be leased to a Carrier.
Could be muddy water.
I never looked at it from this angle.
Could a truck rental company hold your deposit ?

Those guidelines applies to carriers as well. Call OOIDA. I went through this same thing with a carrier close to the house.

geo · Mar 18, 2013

send 1099 to irs or put a lien on everything he owns

davekc · Mar 18, 2013

geo said:
send 1099 to irs or put a lien on everything he owns

Can't put a lien on until you go to court. That is the reason you go to small claims court.
Same with a 1099. Just sending one to the IRS doesn't mean anything if it is denied. Then you go to small claims court.

zorry · Mar 18, 2013

Here's my confusion.
Zorry Azz trucking has 5 trks at ***** Cat Express.
Truth in Leasing law governs the relationship between Zorry and ***** Cat.

Do Truth in Leasing regs apply between Zorry and it's ICs ?

davekc · Mar 18, 2013

zorry said:
Here's my confusion.
Zorry Azz trucking has 5 trks at ***** Cat Express.
Truth in Leasing law governs the relationship between Zorry and ***** Cat.

Do Truth in Leasing regs apply between Zorry and it's ICs ?

No. They are not the same. One is a carrier and is governed by the Feds, the other is not. Or I should say, not by the leasing regs.

Humble2drive · Mar 18, 2013

truckerinnc said:
What do you do about an owner who refuses to pay you for your last several runs with his company, close to $1,500? Due to the fact that 4 out of the last 5 paychecks sent to me from bounced, I decided to transfer to another trucking company. Although I gave my notice, he has refused to send me my final paycheck and will not return the dozens of phone calls I have made to him since the end of January. The woman in his accounting department has continually "been away from her desk" for two months now. I am not the only employee he has cheated out of money.

Welcome to the forum truckerinnc.

You may want to read some of the rules before you continue to post.

6. Drive by posting is prohibited
A drive by posting (DBP)is when a new or newer member who has a personal issue or dispute with a carrier, dealer, manufacturer, fleet owner, fleet driver or any other entity and makes their first post as a negative attack or public scathing. Posts of this nature are disruptive and serve no purpose and subject to immediate removal. New members are required to have a minimum of ten (10) posts before they can make a controversial post on any topic.

Your post may be removed for such a violation as soon as the moderators are done participating in this Drive By Thread.

davekc · Mar 18, 2013

Not removed, but edited. Fixed it for ya.

zorry · Mar 18, 2013

davekc said:
No. They are not the same. One is a carrier and is governed by the Feds, the other is not. Or I should say, not by the leasing regs.

Ok. What I thought but wasn't sure of.
Would there be ANY reg governing a timeline to return an escrow ? My guess is no. It would normally been addressed in the contract that set up said escrow. If a timeline wasn't addressed 1) It's a crappy contract and 2) It's probably gonna be decided by a third party. $500 isn't worth hiring a third party so it'd probably be settled by negotiation.