The load delivered and the paperwork was clean, but the remittance is $250 light, or the broker took out a "late fee" nobody mentioned. Short pays are rarely big enough to justify a lawyer, and that's what brokers count on. Here's how to handle one in order, from the paperwork you need to the federal rules that back you up.
This article explains general practice and two federal regulations. It is not legal advice. Your broker-carrier agreement controls, so for a dispute that matters, talk to a transportation attorney.
Don't reply "OK" to a reduced remittance, and don't sign anything that calls the lower amount payment in full or settles the load, until you've decided whether to dispute. Deposit the money if you need to, but tell the broker in writing that you're doing it under protest and still expect the balance. Ask an attorney how a "paid in full" check works in your state before you cash one.
A short-pay dispute comes down to paperwork. Before you call anyone, get:
If you can't find the rate con quickly, that's the problem to fix first. See how to keep track of rate confirmations.
| What the broker did | Example | Your position |
|---|---|---|
| Paid less with no reason | $2,150 paid on a $2,400 rate con, no note | Strongest. Ask for the balance or a documented reason. |
| Deducted under a clause you signed | Late fee per the agreement's on-time terms | Check whether the facts really meet the clause. Ask for the evidence (timestamps, check-call logs). |
| Didn't pay an accessorial | Detention, TONU or lumper not paid | Weaker if it isn't on the rate con. Get accessorials added in writing before you roll next time. |
Keep it short and factual, with no threats. Include:
Send it to the broker's accounting contact and copy your carrier rep. Phone calls are fine, but the email is the record.
Most carriers don't know this one. Federal rule 49 CFR 371.3 requires every broker to keep a record of each transaction. The record includes the bill of lading or freight bill number, the compensation the broker received and who paid it, and any freight charges the broker collected along with the date it paid the carrier. Brokers must keep these records for three years, and the rule says each party to a brokered transaction has the right to review the record.
If a broker says the shipper paid less, so you get less, asking to review the record under 371.3 is a reasonable, documented next step. Make the request in writing and give the load and BOL numbers. Your broker-carrier agreement may say something about these rights, so read it, and if it does, ask an attorney how the two fit together.
Under 49 CFR 387.307, a broker must keep a $75,000 surety bond (Form BMC-84) or trust fund (Form BMC-85) in effect to stay registered. It provides for payments to shippers or motor carriers if the broker fails to carry out its contracts for transportation. That's the backstop when a broker won't pay at all, or goes under. It's a last resort, though. The bond is shared by every unpaid claimant, and the process takes time. For a single short pay, the documented dispute and the 371.3 request usually work faster. Before you file a bond claim, check the current rules with an attorney.
A short pay should change how you treat that broker. Write it down where dispatch will see it the next time that broker emails a load. A note in someone's head or one spreadsheet tab gets forgotten.
ReadyTMS does most of the steps above without you having to remember them:
Rate confirmations come in from email and stay attached to the load, so the paperwork from step 2 is already in one place. All of it is included in one flat price of $149 a month, not a per-truck fee.
The rate confirmation and your broker-carrier agreement set what was agreed. Some agreements allow deductions under stated conditions, so read both before you dispute. If the deduction isn't backed by either document or by evidence the broker can show you, ask in writing for the balance or a documented explanation. This is not legal advice.
Federal rule 49 CFR 371.3 requires brokers to keep a record of each transaction, including the compensation the broker received, and says each party to a brokered transaction has the right to review that record. Brokers must keep it for three years.
49 CFR 387.307 requires every registered broker to keep a $75,000 surety bond (Form BMC-84) or trust fund (Form BMC-85). It provides for payments to shippers or motor carriers if the broker fails to carry out its contracts for transportation. How to file a claim depends on the bond, so talk to a transportation attorney first. This is not legal advice.