Six steps when a broker will not pay the signed rate con
A signed rate confirmation is a binding contract, so a broker owes the agreed amount once you deliver with a clean POD. To recover unpaid freight, work through six steps: gather documentation, contact the broker, send a formal demand letter, file an FMCSA complaint, file a claim against the broker’s $75,000 BMC-84 surety bond, then pursue small claims court or collections.
- A signed rate confirmation is a legally binding contract; a broker cannot lower the rate after you deliver with a clean proof of delivery.
- Every licensed broker must carry a $75,000 BMC-84 surety bond, and filing a claim is one of the most effective recovery tools for clear non-payment cases.
- The $75,000 bond is shared among all carriers claiming against the same broker, so file quickly once direct contact fails.
- FMCSA NCCDB complaints don’t collect your money directly but build a federal record that can threaten a broker’s operating authority.
- Recovery options range by amount and effort: bond claims (free, 60-120 days), collection agencies (25-50% fee, 30-90 days), and small claims court ($50-200 filing fee, 2-6 months).
- Complete documentation — signed rate con, BOL, POD, invoices, and dated correspondence — is the single biggest factor in winning a dispute.
6-Step Resolution Process
Follow these steps in order. Each step escalates the pressure on the broker while building your documentation for the next step if needed.
1
Review Your Rate Confirmation and Documentation
Before making any calls, gather every document related to the load. Verify that you have a signed rate confirmation showing the agreed rate, a bill of lading (BOL) signed at pickup, a proof of delivery (POD) signed at the receiver, all invoices you’ve sent, and any emails or texts with the broker. Your rate confirmation is a legally binding contract. If the broker agreed to a rate in writing, they owe that rate regardless of what happened between them and the shipper.
2
Contact the Broker Directly
Call the broker’s accounting department first, then the agent who booked the load. Be professional but firm: ‘I have a signed rate confirmation for $X and a clean POD. When can I expect payment?’ Document every call with the date, time, who you spoke with, and what was said. Follow up every phone call with an email summarizing the conversation. If the broker claims deductions or rate changes, ask for documentation in writing. Never accept a verbal ‘We’ll fix it’ without a written confirmation and timeline.
3
Send a Formal Demand Letter
If direct contact doesn’t resolve the issue within 7-10 business days, send a formal demand letter. Include the rate confirmation number and amount, BOL and POD references, all invoice dates and amounts, a clear deadline to pay (10 business days from receipt), and a statement that you will pursue surety bond claims and legal action if not resolved. Send via email with read receipt AND certified mail with return receipt requested. This creates a legal paper trail.
4
File an FMCSA Complaint
File a complaint with the FMCSA through the National Consumer Complaint Database (NCCDB) at nccdb.fmcsa.dot.gov. While FMCSA cannot collect your money directly, your complaint creates an official federal record against the broker. Multiple complaints from different carriers can trigger an FMCSA investigation, and brokers with complaint patterns risk losing their operating authority. Include your rate confirmation, POD, and correspondence.
Government
5
File a Surety Bond Claim
Every licensed broker must maintain a $75,000 BMC-84 surety bond. Look up the broker’s bond information on FMCSA SAFER (safer.fmcsa.dot.gov), contact the surety company listed, and submit your claim with all documentation. The surety company investigates and pays valid claims from the bond. This process typically takes 60-120 days. File quickly because the $75,000 bond is shared among all claimants.
6
Consider Small Claims Court or Collections
If the bond claim is insufficient or you need additional recovery, consider small claims court ($50-200 filing fee, no lawyer needed for amounts under $10,000-$25,000 depending on state) or hiring a freight-specific collection agency (25-50% fee but they do the work). For larger amounts, consult a transportation attorney. Many offer free consultations and work on contingency for strong cases with clear rate confirmation documentation.
Document Everything
Every phone call, email, and text message is potential evidence. Keep a log of all communication attempts with dates, times, and names of people you spoke with. Take screenshots of text messages. Save every email. If you end up in small claims court or filing a bond claim, thorough documentation is the difference between winning and losing.