Need Advice

[CBeaner76]

My husband and I were driving for a truck owner leased on to one of the top companies. In August, my husband had a heartattack while we were in Ann Arbor, MI. The corp office is there so when he got out of the hospital we rented an suv and drove it back to Florida. We left the truck where it could be easily filled since a new driver would have to go to Ann Arbor for orientation anyway. Since we returned home, I've tried to reach the truck owner for our pay. He owes us close to $1000. He will not return my calls. I've tried the company we were leased to and they have told me that "once the truck owner is paid, it's out of their hands". We requested our 1099's from him when he was still answering my calls. It has now been 2 months since we left Michigan and have not heard nor received anything. What is our next step in recovering our pay and our 1099? I did read that the 1099 has to be sent within 30 days from the date it is requested. Has anyone experienced this? Please help.

Thanks
CBeaner76

 

[LDB]

Perhaps a call informing him if 1099's and money due you are not received within 72 hours your next call will be to the IRS. Another possibility is the attorney general in both your and his state. Good luck to you.

Leo Bricker
OOIDA 677319
truck 4958
73's K5LDB
Support the entire Constitution, not just the parts you like.

 

[davekc]

Not a tax expert,
but I believe the owner is not required to issue a 1099 until Jan 31st.
Someone can correct me if I am wrong.

It is still pretty cold that your owner suddenly disappeared. If the company already paid him, it sounds like you need to go to court.
Of course from FL, that is not a easy task.
While they likely don't want any involvement, maybe someone in the company can reach him?
No easy answers without information from both sides.

Davekc

 

[teacel]

As cold as it may seem, I would suggest you right this one off. Unless you are one who believes in principal and has money to burn, the cost of you taking him to court is going to be more than $1000. If you do go to court, you won’t win anyway, we never do. The only winners in a court battle are the attorneys. Then again the owner can always say you abandoned the truck, unless you have something in writing stating you were allowed to leave it there. Some owners have a protection built into their owner driver contracts stating the driver who abandons a truck is responsible for cost of the recovery.

As for the 1099 they are issued on or before 01-31 of the New Year. Meaning you work in 05 it is due 01/31/2006.

This is from the IRS site -
When to furnish forms or statements
Generally, you must furnish Forms 1098, 1099, and W-2G information by January 31, 2006. However, you may issue them earlier in some situations, as provided by the regulations. For example, you may furnish Form 1099-INT to the recipient on redemption of U.S. Savings Bonds at the time of redemption. Brokers and barter exchanges may furnish Form 1099-B anytime but not later than January 31, 2006.

Extension
You may request an extension of time to provide the statements to recipients by sending a letter to Enterprise Computing Center—Martinsburg, Information Reporting Program, Attn: Extension of Time Coordinator, 240 Murall Drive, Kearneysville, WV 25430. The letter must include (a) your name, (b) your TIN, (c) your address, (d) type of return, (e) a statement that your extension request is for providing statements to recipients, (f) reason for delay, and (g) the signature of the payer or authorized agent. Your request must be postmarked by the date on which the statements are due to the recipients. If your request for an extension is approved, generally you will be granted a maximum of 30 extra days to furnish the recipient statements. If you are requesting extensions of time to furnish statements for 50 or more recipients, see the TIP on page GEN-7.

I believe the $1000 will be a tax write off. Ask a tax person.

 

[tiredofsittn]

the company should put some pressure on him, some will,another example of a scumbag fleetowner, these companies need to do more about this problem.

 

[jasonsprouse]

>
>Quote "I believe the $1000 will be a tax write off. Ask a tax
>person."

In order to write off the bad debt from your income, you must prove to the IRS that you have taken specific measures to collect the money.

I paid taxes on money I never got from someone I contracted to(snowplow industry) because he have me a 1099 for the money, but never paid me. It would have cost me more to try to recover the money than the taxes were.

 

[RichM]

I am not a company man but I try over and over to advise drivers that you do not have a business relationship with the carrier that has the signs on the truck.
Your relationship is with the owner who has the agreement with the carrier.
Written agreements are necessary to cover all possible contingencies that may arise.