What to Do If an FMCSA Broker Bond Is Already Maxed Out

When a broker fails to pay for completed freight deliveries, filing a claim against their FMCSA bond is usually the go-to legal remedy. But what happens if that $75,000 bond is already maxed out by other claims? Unfortunately, this is more common than you might think—especially when a broker defaults on payments to multiple carriers.

If you’re stuck with unpaid invoices and learn the broker’s bond has been depleted, don’t panic. You still have legal options to recover what you’re owed.

What Is the FMCSA Broker Bond—and Why It’s Limited?

Every freight broker must carry a $75,000 surety bond or trust fund, commonly referred to as a BMC-84 (surety bond) or BMC-85 (trust agreement). This bond protects carriers like you from non-payment.

But here’s the catch:
The $75,000 is not reserved just for you—it’s shared among all unpaid carriers. When several claims come in at once, the bond can be exhausted quickly, leaving many carriers shortchanged or completely unpaid.

How to Check If a Broker’s Bond Is Maxed Out

Before filing a claim or taking further legal action, confirm the bond status:

🔎 Use FMCSA’s Public Records

Search the broker’s name or MC number in the FMCSA Licensing & Insurance System. There you can find:

• The listed bond provider
• Contact info for the surety or trustee
• Status of the broker’s authority

📞 Contact the Bond Company Directly

Reach out and ask:

• Are there active or resolved claims?
• Is there remaining coverage under the bond?
• Can I still file a claim for recordkeeping?

They may confirm the bond has reached its limit or is under review due to excessive claims.

What Are Your Legal Options When the Bond Is Depleted?

Even if you can’t collect from the bond, you’re not out of options. You may still be able to recover unpaid freight through legal strategies.

1. Sue the Broker for Breach of Contract

If you had a written or electronically confirmed rate agreement, you can sue the broker directly in civil court—even if the bond is gone.

What you need:

• Rate confirmation
• Signed BOL or POD
• Invoice showing non-payment

A legal judgment may allow you to garnish accounts, place liens, or even pursue assets if the broker still has them.

2. Pursue Personal Liability (Piercing the Corporate Veil)

If the broker committed fraud—like operating under multiple business names or intentionally shutting down—you may be able to sue the owner personally.

This requires legal proof of:

• Fraudulent intent
• Commingled funds or misuse of company assets
• A pattern of using the corporate entity to avoid payment

This strategy is best handled by a skilled FMCSA attorney for carriers.

3. Trace a Successor Company

Many shady brokers dissolve their LLC, then reopen under a new name—often using similar contact info, websites, or even the same DOT number.

Legal professionals can:

• Link the old and new entities
• Subpoena financial records
• Show continuity of operations

If successful, the new company may be held liable for the original debt.

How to Avoid Depleted Bond Scenarios in the Future

While it’s not always preventable, there are proactive steps you can take to avoid working with brokers on the brink of bond exhaustion.

✅ Run a Broker Credit Check Before the Load

Use third-party tools like MyCarrierPackets, Carrier411, or industry-specific credit check services. Look for:

• History of payment delays
• Multiple complaints
• Expired or suspicious authority status

✅ Track Bond Claims and Complaints

Check FMCSA complaint databases or talk to other carriers. If multiple unpaid claims have already been filed, that’s a red flag.

✅ Ask for Pre-Payment on High-Risk Loads

If a broker has a history of slow pay or questionable activity, negotiate partial payment up front—or steer clear altogether.

FAQs: FMCSA Payment Recovery After Bond Exhaustion

❓ Can I Still File a Claim If the Bond Is Maxed Out?

Yes. Even if the payout is unlikely, filing puts you on record. You may receive a partial payment or qualify if other claims are rejected.

❓ Is There Any Way to Increase My Recovery from the Bond?

No. The bond has a hard cap. Once it’s divided among approved claims, there are no additional funds unless the broker posts more coverage voluntarily (rare).

❓ Should I Still File a Lawsuit If the Broker Is Broke?

If they have any assets or try to rebrand, a judgment gives you leverage. A legal team can help determine if it’s worth the effort.

Conclusion: Don’t Give Up—There’s Still a Path Forward

Just because the broker’s bond is tapped out doesn’t mean you’ve lost your chance at payment. With legal action, successor tracing, and experienced advocacy, many carriers still recover what they’re owed—even after the bond is gone.

The key is acting quickly and strategically.

📞 Get Legal Help with FMCSA Payment Recovery

If you’re stuck with unpaid freight and the bond is already drained, Freight Collection Solutions can help you take the next legal step. We specialize in FMCSA payment recovery and know how to pursue brokers—even when the usual options are off the table.