Legal Remedies for Unpaid Freight Charges Under FMCSA Guidelines

Getting paid on time shouldn’t be a gamble for freight carriers. Yet, unpaid freight charges are one of the most common issues plaguing transportation companies across the country. When brokers fail to fulfill their payment obligations, carriers need to know their legal rights—and how to enforce them—under federal regulations. This guide explores legal remedies for unpaid freight charges under FMCSA guidelines, helping carriers protect their cash flow and stay compliant.

Why Freight Charges Go Unpaid

Freight carriers may go unpaid for several reasons, including:

• Broker cash flow issues or insolvency
• Disputes over rates, accessorials, or delivery terms
• Incomplete or missing documentation
• Deliberate non-payment by fraudulent brokers

Regardless of the reason, unpaid freight bills can devastate small fleets and owner-operators who rely on consistent cash flow to stay on the road.

The good news? FMCSA guidelines and federal transportation law provide several legal options to recover what you’re owed.

Legal Remedies Available to Carriers

1. File a Freight Broker Bond Claim

Every licensed freight broker must maintain a $75,000 surety bond (BMC-84) or trust (BMC-85). These bonds are designed to protect carriers in the event of non-payment.

To file a claim:

• Identify the broker’s bond provider using the FMCSA Licensing & Insurance system
• Gather proof of the agreement, invoice, and delivery (e.g., rate confirmation, signed BOL)
• Submit a written claim to the surety company with all supporting documents

Bond claims are time-sensitive, so it’s crucial to act quickly. Carriers who wait too long may forfeit their ability to collect.

2. Send a Legally Compliant Demand Letter

Before filing a bond claim or lawsuit, sending a formal demand letter is often the first step. A demand letter should:

• Clearly state the amount owed
• Include supporting documents
• Specify a deadline for payment
• Indicate your intent to escalate legally if unpaid

Well-drafted demand letters can lead to faster resolutions without court involvement and show that you took appropriate steps before initiating further action.

3. Sue the Broker for Breach of Contract

If a bond claim is denied or the broker is unresponsive, carriers can pursue legal action. Under federal law, carriers have the right to sue brokers for breach of contract when:

• A written or verbal agreement was made for freight delivery
• Delivery was completed as agreed
• Payment was not received within the agreed terms

A court judgment may also allow you to garnish accounts, place liens on property, or report the broker to industry directories.

4. Use FMCSA Complaint Procedures

Although the FMCSA does not resolve payment disputes directly, filing a complaint helps document the broker’s misconduct. Repeated complaints may trigger audits, revocation of authority, or enforcement actions.

You can submit a complaint at:
https://nccdb.fmcsa.dot.gov/nccdb/home.aspx

Including your complaint in a legal dispute can help show the broker’s pattern of non-compliance.

5. Retain a Transportation Collection Attorney

Carriers who struggle to collect freight charges should consider working with an attorney who understands FMCSA regulations and freight law. Legal professionals can:

• Evaluate your documentation
• Prepare persuasive bond claims
• File lawsuits if needed
• Maximize recovery while staying compliant with federal law

Choosing a firm that focuses on FMCSA payment recovery ensures your strategy is efficient, enforceable, and professionally executed.

How FMCSA Compliance Affects Your Legal Claim

Carriers must also be compliant to enforce their rights effectively. If your authority is suspended, insurance lapsed, or records are missing, brokers may use this as a defense against payment.

To strengthen your legal position:

• Ensure your operating authority and insurance filings are active
• Keep accurate records of deliveries and agreements
• Use ELDs and document driver logs for every shipment
• Maintain proof of communication with brokers

Compliance isn’t just about avoiding fines—it supports your ability to get paid.

FAQs About Unpaid Freight Charges and FMCSA Remedies

How long do I have to file a bond claim?
Generally, within 12 months of delivery. Some sureties may have shorter deadlines, so file as soon as possible.

What if the broker’s bond is already exhausted?
You may still sue for breach of contract. Some carriers also pursue personal liability against broker owners in fraudulent cases.

Can I file multiple claims for different loads?
Yes. Each unpaid load can be submitted as part of a comprehensive claim, as long as documentation is clear.

Will filing a complaint with FMCSA help me get paid?
Not directly, but it strengthens your legal case and may pressure the broker to settle.

Legal Support When You Need It

At Freight Collection Solutions, we help carriers recover unpaid freight charges through legally sound strategies—from bond claims to lawsuits. Our team ensures every step complies with FMCSA rules while maximizing your recovery potential.

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