Broker Not Paying? How Carriers Collect With Demands and Bond Claims
The broker's $75,000 bond is the backstop most carriers know about. How it pays out, and when it does not, changed with FMCSA's 2026 rule.
When a freight broker does not pay, a carrier can send a written demand, file a claim against the broker’s $75,000 BMC-84 surety bond or BMC-85 trust, take the debt to small claims or civil court, and report the broker to FMCSA. The bond is shared by every unpaid claimant, so filing early and with complete paperwork matters.
What documents do I need to collect from a broker?
You need proof that the broker hired you, at what rate, and that you delivered. Gather these before contacting anyone:
- the signed rate confirmation and the broker-carrier agreement;
- the bill of lading signed at pickup and delivery, with clean or noted delivery;
- proof of delivery and any lumper, detention or other accessorial receipts;
- your invoice and the date you sent it;
- emails, texts and call logs with the broker; and
- a dated screenshot of the broker’s FMCSA authority and bond record.
The bill of lading is often the document that decides a dispute. Our guide to the bill of lading covers what it needs to show.
What steps should a carrier take when a broker doesn’t pay?
- Confirm the payment terms on the rate confirmation and the agreement. A broker paying on 30-day terms is not late on day 20.
- If you factor, check whether this invoice was assigned to the factoring company. Once the broker has a notice of assignment, it must pay the factor, and the factor usually leads collection.
- Call and email the broker’s accounts payable, using contact details from FMCSA’s records. Ask for a payment date in writing.
- Send a written demand letter stating the load, the amount, the due date and a deadline to pay, with copies of the rate confirmation and proof of delivery.
- Check the broker’s FMCSA record for a bond cancellation, revoked authority or a notice of financial failure.
- File a claim with the surety or trust provider named in the broker’s FMCSA insurance history.
- If the claim is denied or the bond is exhausted, consider small claims court (limits vary by state) or a civil suit, and file a complaint with FMCSA.
How does a claim against a broker’s bond or trust work?
You submit the claim to the surety company or trust provider with your documents, and the provider asks the broker to respond. Under FMCSA’s broker financial responsibility rule, in force since January 16, 2026, the process in 49 CFR 387.307 works like this:
| Stage | What happens | Time limit |
|---|---|---|
| Claim received | Surety or trust provider notifies the broker of the claim | Broker has 7 business days to respond |
| No response, valid claim | Provider may pay the claim; a payment the broker consents to, or one ordered by a court judgment, can also be paid | None set for the payment itself |
| Bond or trust drops below $75,000 | Provider notifies FMCSA | Within 2 business days of the payment |
| FMCSA notice to broker | Broker must restore the full $75,000 or show the claims were paid another way | 7 business days, or authority is suspended |
| Financial failure | Provider starts cancellation; FMCSA posts notice in the FMCSA Register | Claims accepted for 60 calendar days after the notice |
The $75,000 covers all claims against that broker together. When a broker fails owing many carriers, the provider may split the money among claimants, and each may recover only part of what is owed. Missing the 60-day window after a financial failure notice can mean receiving nothing from the bond.
What if the broker filed for bankruptcy?
A bankruptcy filing alone is not treated as a financial failure under the rule, and the drawdown process does not apply to a broker in a Title 11 case. Claims against a bankrupt broker generally go through the bankruptcy proceeding, where the automatic stay can stop collection. A bankruptcy attorney can explain whether to file a proof of claim and how the bond fits in.
Can I complain to FMCSA about a broker that won’t pay?
Yes, through the National Consumer Complaint Database, but FMCSA does not collect debts or decide commercial payment disputes. A complaint creates a record FMCSA can use when it reviews a broker for enforcement.
Time limits also apply in court. Federal law gives a carrier 18 months to sue to recover charges for transportation it provided (49 U.S.C. 14705), and broker-carrier agreements can set shorter notice periods for disputes. An attorney can confirm which deadline applies to your load.
Bottom line
The bond protects carriers who file inside the claim window with complete documents. A claim missing proof of delivery or a signed rate confirmation can be denied, and the money then goes to other claimants. The cheapest protection is still before the load: run the checks in how to check a freight broker and watch for brokers that stretch payment past their own terms.
FAQ
How long does a broker have to pay a carrier?
No federal rule sets a deadline for broker payments to carriers. The rate confirmation or broker-carrier agreement sets the terms, commonly a set number of days after the carrier submits paperwork.
Can I file a bond claim if I factored the invoice?
If the invoice was sold to a factor, the factor generally owns the receivable and files the claim. Under recourse factoring, the factor may charge the unpaid invoice back to you, so stay involved.
Will the bond pay my whole invoice?
Only if the bond has enough left after other valid claims. The $75,000 is a total for all claimants, not per load.
Can I go after the shipper instead?
Sometimes. Whether a shipper that already paid the broker can still be liable to the carrier depends on the bill of lading terms and court decisions, so it is a question for a transportation attorney.
