So, What Happens if the Owner Doesn't Pay You?

[Blackbeard]

Hi Everyone. Some of you found it helpful when I posted some thoughts on how to choose a good owner to drive for.

Now we shall discuss being stiffed by the owner.

1. The parent company usually will NOT participate in the issue. The contract is between Owner and Driver.

2. Document everything. If you have to turn your truck in, take photos of it inside and out. May be your owner drives too and you park his rig somewhere he specifies and then it is damaged while parked there after you left it there. How will the owner know YOU didn't do it?

3. Keep good records of your paperwork turned in, logs, Pre-Trip Inspections, etc. The Owner may claim you didn't maintain the truck properly if the DOT is involved.

4. Put EVERYTHING in WRITING. Email the owner with a specific list of trips, trip numbers, pay expected, advances taken, etc.

5. Write a brief documentary on the job experience with this owner. (you will thank me later) If you keep notes in a journal or on a calendar of all the difficulties experienced with this owner, you will be so glad to have them later.

6. Join OOIDA and call them! They will contact the owner, based on your documentary and records, and discuss the situation with them FOR FREE! You may or may not hear from your owner, but you WILL hear from OOIDA! They understand your dilemma and are concerned about the trucking industry's current record of leaving drivers holding the bag out there. After they speak with the owner they will call you back and give you suggestions on what to do next based on the owner's attitude.

7. If all else fails, hire an attorney or Bill Collector firm in the state the Owner is licensed to due business. This may save you from Small Claims Court because now you have to work twice as hard to make up for the money you thought you were getting.

8. Get some antacids. The idea that you were so trusting of the owner to "Do The Right Thing" just burns you up the 11 hours you are holding the steering wheel trying to make the mortgage payment you couldn't when the owner didn't pay.

9. Don't get too steamed when you see the owner has a new car and all you have is unreturned phone calls and emails.

10. The Bright Spot - you still have your License, your clearances, your experience and YOUR WORD.

"If God is for you, Who Can Be Against you?"

 

[Lawrence]

.....sounds like good information. Thanks!

 

[greg334]

It is good info but it is not what is needed to prevent a problem - that is what everyone wants to do, prevention.

The best thing to do is to have a lawyer and to have a contract with the owner - in that order.

Without a contract, a lot of things are meaningless - it is his word against yours.

If you want to collect, then where is the proof that you both agreed on an amount or anything about payment being paid within a certain amount of time?

You are a sub-contractor, not a truck owner and seeing he is not a carrier and he doesn't have to follow the FMCSA regulations, he can legally take his time paying you.

The contract will at the very least make sure that you are both on the same page, but more importantly it protects both parties involved. Having one in this business, like having a lawyer who knows you is important to ensure you can go to court to recover your money.

 

[LDB]

As mentioned, all pertinent and good. I have to agree the most important point of all is have a written contract with the owner completely covering all areas of pay, responsibility, duties, etc. without fail.

 

[Blackbeard]

We will let the Forum know what the steps are after the Judgement is won.

 

[14Wheeler]

Very true and accurate information about using OOIDA in a dispute. Joined in 1986 and the minimal yearly dues are often offset by the discounts and invaluable advice given to members.
Ya just have to laugh at the naivety of those who think lawyers have the ability to get you due monies. It don't work that way. If both you and the fleet owner are located in the same state, better senario. If indeed both of you live in different staes,worse case senario. Most likely will takes months and months to even have the case heard by a judge. This time period could easily take a year. OK, so you just got awarded the monies by a judges rule. The owner is hearby ordered to pay up. But mr owner dont wanna. Mr owner decides he absolutly wont pay,regardless of the judges rule. Now ya gotta pay the lawyer again to set up yet another hearing. Getting all the banking information to get a attachment of funds can take months. This entire time cycle can last for a year plus. Ya think any lawyer's gonna advance you any of that cash to live on ? Ya think the lawyer's even gonna begin processing a case without cash in his hand ? If you're capable of reading a contract and i'm guessing most of us are, paying an attorney to nod his head could possibly be a waste of money.
A lawyer certainly is no prevention if the owner of the truck decides not to pay up. The shyster most likely knows he can dodge final payment for years. No lawyer has the ability to change that. Lawyers just love those naive folks who drop mony in their hands for doing basically nothing. Nothing substitutes 20 plus years on the road. A properly experienced driver will know when it's time to call mr lawyer.

 

[Blackbeard]

I'm not sure how to take your post, so I will think positive. I see you are a new member to the forum, but possibly not new to independent contractor status of working as a driver?

We received 1/3 of the funds due us today.
Better than nothing.

Pursuing the balance.

 

[14Wheeler]

I'm not sure how to take your post, .

I'm behind ya all the way. Hoping ya git every dime. Put the screws to the non payers anytime ya can.

Im a lawyer hater. Seen dozens of folks and drivers get screwed worse by them than the people they were paying to go after. And then the worse parts is trying to collect on a court ordered settlement. The ONLY person guarenteed to get paid is the lawyer.

Good luck and I hope all this works out for ya.

 

[moose]

We received 1/3 of the funds due us today.
Better than nothing.

Hoe is WE ?

are you a driver ?
a lawyer ?

 

[Blackbeard]

us - the poor drivers who did the work. lol

 

[Blackbeard]

UPDATE: the owners so far have not bothered to give us a reckoning of why they withheld over $1500 of our money due. They put new drivers in the truck right away and hopefully they are a sight smarter than we were and found the loopholes in the "contract" before turning the key. But, you know the old saying, "what goes around comes around".

BB