When a freight broker goes dark after a delivery — ignoring calls, ghosting emails, disputing the load without cause — owner-operators get hit with a double injury: you don't get paid, and you may owe the factoring company the advance they already sent you. That is a business debt that can spiral fast. This page covers the full recovery playbook, from the bond claim most carriers overlook to the factoring debt that stacks up in the meantime.
This page is not legal advice. Rules vary by state and contract. Consider a transportation attorney or OOIDA for your specific situation.
Step 1 — File a bond claim against the broker's BMC-84
Every federally licensed freight broker is legally required to carry a $75,000 surety bond, called a BMC-84, or a trust fund equivalent. This bond exists precisely to pay carriers when a broker fails to. Most truckers never file one. You should.
How to do it:
- Pull the broker's bond info. Go to the FMCSA Licensing & Insurance portal at li-public.fmcsa.dot.gov. Enter the broker's MC number (it's on your rate confirmation). You'll see the surety company name, the bond number, and whether the bond is currently active.
- Contact the surety company directly. Call or email the surety and tell them you are a motor carrier filing a claim against bond number [X] for unpaid freight charges. They will send you a claim form.
- Submit your documentation. You'll need: the signed rate confirmation, the signed bill of lading or proof of delivery, any invoice you sent the broker, a log of your collection attempts, and the dollar amount owed.
- Act fast. The $75,000 bond is shared among all carriers who file claims against the same broker. If the broker stiffed several carriers and you file last, you may get pennies — or nothing — from the bond. File the moment you have confirmed non-payment and have your paperwork together.
A bond claim does not require a lawyer, though a transportation attorney can help if the surety disputes your claim. OOIDA (Owner-Operator Independent Drivers Association) also has attorney resources and templates for member carriers.
Verify the broker's authority on FMCSA SAFER first
Before you haul for any broker and definitely before you file a claim, look them up at safer.fmcsa.dot.gov. Search by company name or MC number. You want to see:
- Active broker operating authority — if it's revoked or inactive, that is a red flag and your bond claim becomes even more urgent.
- How long they've been licensed — newer authorities with short track records warrant extra caution.
- Whether there are prior FMCSA enforcement actions against them.
If the broker's authority is already revoked, they may no longer have an active bond. You may need to pursue civil litigation instead. A transportation attorney can advise on your state's options for suing a broker in small-claims or civil court.
The factoring trap — recourse vs. non-recourse
If you factor your invoices, broker non-payment creates a second problem on top of not getting paid: you may owe the advance back to the factoring company.
Recourse factoring
With recourse factoring — the most common type in trucking — the factor advances you roughly 80–95% of the invoice immediately. But if the broker doesn't pay within a set period (often 90 days), the factor charges that advance back to your account. You now have a debt to the factoring company for a load you already ran. This is a real, collectible business debt.
Non-recourse factoring
With non-recourse factoring, the factor agrees to absorb certain non-payments — but read your contract carefully. Most non-recourse agreements only cover situations where the debtor (the broker) files for bankruptcy or becomes formally insolvent. A broker who disputes the load, drags their feet, or simply refuses to pay without a bankruptcy filing may not trigger your non-recourse protection. The factor may still charge the invoice back to you.
Action step: Pull your factoring agreement right now and look for the "chargeback," "recourse," and "non-recourse" provisions. Then call your factor and ask: given this situation, will you charge this invoice back to my account? Get the answer in writing. Knowing this tells you exactly what debt exposure you're dealing with.
File an FMCSA complaint — it creates leverage
Filing a complaint at fmcsa.dot.gov/protect-your-move/file-complaint won't directly wire money into your account, but it does several things:
- Creates a federal record of the broker's non-payment pattern.
- Can trigger an FMCSA compliance review or audit of the broker's operation.
- Threatens the broker's operating authority — which is the lifeblood of their business. Many brokers settle open invoices once they realize an FMCSA complaint could cost them their license.
- If other carriers have also filed complaints about the same broker, a pattern emerges that strengthens everyone's position.
Include the broker's full legal name, MC number, load dates, dollar amount, and a summary of your collection attempts.
Your debt stack — what each balance actually is
When a broker doesn't pay, most owner-operators end up with several debts stacking at once. Knowing what type each is determines how to handle it:
- Factoring chargeback balance — commercial/business debt. Can potentially be negotiated or worked through a business debt resolution program while you pursue the broker. Route to CuraDebt, not NDR.
- Fuel card balance — typically commercial/business debt (COMDATA, EFS, etc.). Call your provider immediately; many have hardship programs for owner-operators. This is not personal unsecured debt.
- Truck loan or lease payments — secured debt. Do not skip these if you can help it. A lender can repossess your truck, and a repo while you're chasing a bond claim is devastating. Secured truck debt cannot be settled through a settlement program while you still have the asset. See our page on semi truck repossession if you're already behind on the truck note.
- Personal credit cards you used to bridge the gap — unsecured consumer debt. These are separate from the business debts above and follow different rules. Debt settlement for unsecured personal cards (not guaranteed, credit-score impact, possible 1099-C for forgiven amounts) is a separate conversation.
Other leverage: civil suit, collections, and OOIDA
Small claims or civil court. Depending on the dollar amount and your state's small-claims limits (typically $5,000–$25,000), you may be able to sue the broker in small-claims court without a lawyer. For larger amounts, a transportation attorney can file in state or federal court. Many freight collection attorneys work on contingency for clear-cut non-payment cases.
Freight collection agencies. These specialize in recovering unpaid freight invoices and typically work on a percentage of what they collect. They know the leverage points specific to the freight industry.
OOIDA. The Owner-Operator Independent Drivers Association offers member resources including attorney referrals, regulatory advocacy, and template demand letters. If you haul regularly, membership is worth the cost for the legal resources alone.
If you also have a predatory lease-purchase situation layered on top of this, see our dedicated page: walking away from a lease-purchase truck. That is a different debt with different options — don't conflate them.
Protecting yourself going forward
Before you haul for any new broker:
- Verify operating authority and bond status on FMCSA SAFER and L&I.
- Check the broker's payment history on Carrier411 or similar platforms — other carriers post non-payment complaints.
- Know your factoring agreement's chargeback window and conditions before you factor an invoice for an unfamiliar broker.
- Consider requiring quick-pay terms for new relationships until a broker establishes a payment track record with you.
The bond claim process and the factoring chargeback rules are things you should know before something goes wrong, not after. The $75,000 BMC-84 bond requirement exists specifically for situations like yours — use it.