The broker didn’t pay. How a bond claim works

A freight broker has to keep $75,000 in a surety bond or trust fund. It exists for unpaid freight charges. Here is what the law says and what to do, in order. This is a summary, not legal advice, and it doesn’t promise you’ll get paid.

1. Put it in writing to the broker

Send a written demand with the rate confirmation, the signed BOL or proof of delivery, and your invoice. Keep copies and dates. The law doesn’t list these papers, but a claim without them has little to stand on.

2. Find the surety or trust fund

The FMCSA licensing record names the surety on the BMC-84 bond or the BMC-85 trust fund. Our broker check shows it when the filing is in FMCSA’s open data. Send the same papers there and say that this is a claim for unpaid freight charges.

3. What the surety has to do

Under 49 U.S.C. § 13906(b)(2) the surety must answer within 30 days of receiving notice of a claim. If it says no, it must give its reasons in writing. The law speaks of the surety; with a trust fund, write to the fund’s trustee.

4. When the bond can pay

• the broker agrees to the claim (the surety can review it);
• the broker ignores adequate notice, and the surety finds the claim valid;
• the dispute is unresolved after reasonable efforts and you have a court judgment against the broker.

If you sue the surety on such a claim, the winning side recovers reasonable costs and attorney’s fees (§ 13906(b)(2)(C)). That cuts both ways.

Before it happens

Check whether a bond cancellation is scheduled before you book: FMCSA’s records show it, and our broker check shows it in red above the bond line. Unless the bond is replaced, it ends on that date. On a load you have already delivered, that date is your reason not to wait.