Legal Advise, Does Anyone Know??

[TheDealer]

I just recieved a pack of bills and a letter from a trucking company. They say that since the shipper never paid them the frieght charges for parts they shipped to me, that my company is responsible for the charges. It states a law for transportsation saying that if the shipper defaults on payment the reciever is responsible. These bills ar3e over 1 year old. I never heard of such a thing. So if all the parts I've shipped to you guys, if I don't pay UPS, you would be responsible for the charges even though you already paid Northeast Lincoln the frieght. Is this a scam??? RAY

[SouLRioT]

I found this quickly, http://www.transportlaw.com/qa/qaarch.htm , not sure if this will help.

[Macon Marauder]

Can't offer any legal advice. But I can say that it COULD be a scam. We had a company try it on us last year. We didn't pay.

[2003 MIB]

I just recieved a pack of bills and a letter from a trucking company. They say that since the shipper never paid them the frieght charges for parts they shipped to me, that my company is responsible for the charges. It states a law for transportsation saying that if the shipper defaults on payment the reciever is responsible. These bills ar3e over 1 year old. I never heard of such a thing. So if all the parts I've shipped to you guys, if I don't pay UPS, you would be responsible for the charges even though you already paid Northeast Lincoln the frieght. Is this a scam??? RAY
Talk about a crappy birthday present, Ray...Geez..:( . Won't happen with UPS because the account number used to ship has the payment liability.
Open freight on common carriers is handled generally with an FOB designation and a prepaid or collect designation on the BOL. It's used for billing purposes but also to establish responsibility from point "a" to point "b". IF it's frieght on board shipper, the buyer is responsible for the product. If frieght on board receiver- the shipper is responsible. If it's damaged in transit- theese designations also define who files the claim with the carrier. It smells like a scam- you paid for the freight in your cost of goods paid to the shipper. You didn't pick the carrier or contract with them to do anything....HOWEVER, I"M NOT A LAWYER!!!!!

[TheDealer]

Thanx, I called this company and got a voice mail. I left a message. I'll see if they call me back. I've read some things on the internet about it. Some say we are and some say we are not. Case by case. Guess I'll let our lawyer look at it. Thanx, Ray

[ParkRanger]

Do not pay the bills!!

They shotgunned the bills to ALL parties involved in the hope that one will pay or partially pay since they got stiffed.

Lay low and play hardball, but have your controller accrue the amount in case they bring attorneys into it and as a last resort you HAVE to pay.

My 2 cents

PR

[Krytin]

I agree w/ParkRanger, DO NOT PAY! I've been in this before when I managed a MSW transfer station, A broker did not bay a trucking company because they shipped to the wrong site. Trucking company kept sending bills - I kept refusing to pay stating that I already paid the broker & backed it up w/copies of receipts & cancelled check. Any complaint or claim is w/the person(s) who contracted to ship the frieght to you & charged you for - send them copies of billing/receipts and tell them to go screw!

[jspradii]

I agree w/ParkRanger, DO NOT PAY! I've been in this before when I managed a MSW transfer station, A broker did not bay a trucking company because they shipped to the wrong site. Trucking company kept sending bills - I kept refusing to pay stating that I already paid the broker & backed it up w/copies of receipts & cancelled check. Any complaint or claim is w/the person(s) who contracted to ship the frieght to you & charged you for - send them copies of billing/receipts and tell them to go screw!
Ditto. If your terms of purchase are "shipping paid" then the shipper is responsible for the bill, since you "paid" for it in the cost of th items you ordered. Unless there's a separate shipping agreement, I'd just advise that the shipper is responsible, not you. Definitely consult your lawyer, since I'm not licensed in your state. Most interstate shipping is controlled by federal law, and I can't think of a scenario where a third party carrier can bill the receiver unless that arrangement is made IN ADVANCE by separate written agreement. Hold fast.:banana2:

[chrish]

They would have as much luck getting $$$ out of me as they "claim" to have gotten out of the original shipper. IDEA: tell them the shipment was damaged ,they owe you $$. Have you called the original person that shipped it? :flamer:

[RCSignals]

This sounds fishy about shipping.
However, I know in some places, if you hire a building contractor to do some work for you, he orders materials that are delivered to your property, you pay the contractor, but the contractor does not pay the supplier, even though he ordered the materials, YOU are responsible to pay the supplier. It would seem to be a similar concept.
Get your company lawyer involved. Even if it is for real, a year or more seems like a long time for them to be contacting you now.

[martyo]

This is governed by the ICC and may actually be the case. Nonetheless, I would recommend putting the letter in the round file. Few of these claims ever got to suit.

As always Ray, feel free to call me if you have any questions.

[TheDealer]

This is governed by the ICC and may actually be the case. Nonetheless, I would recommend putting the letter in the round file. Few of these claims ever got to suit.

As always Ray, feel free to call me if you have any questions.
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Thanx Marty. I've been reading some on the net and most of these cases seem to get thrown out of court for something called Estoppel. I't only about $300.00 and I read where they only have 18 months to collect. It's 13-14 months now. The company that shipped it via a third party is still in business, so let them sue them. How do I know for sure that these bills weren't paid by the other company. Than, Ray

[Joe Walsh]

Don't Pay them anything!

[martyo]

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Thanx Marty. I've been reading some on the net and most of these cases seem to get thrown out of court for something called Estoppel. I't only about $300.00 and I read where they only have 18 months to collect. It's 13-14 months now. The company that shipped it via a third party is still in business, so let them sue them. How do I know for sure that these bills weren't paid by the other company. Than, Ray

No problem Ray. You help me, I help you and all is right in the world.

Estoppel is a concept which prevents them from coming after you based on their own prior conduct (that is a very simplified definition).

My guess is that for 300 bucks they won't do much more than write you a letter or two and maybe make a call or two to you. Remember, you can throw the letters away and hang up the phone!

Let me know how you make out or if you need anything.