Broker didn't pay
When a freight broker doesn't pay: the $75,000 bond
Every licensed property broker must keep a $75,000 surety bond or trust fund on file with the Federal Motor Carrier Safety Administration. The bond is filed on Form BMC-84; a trust fund is filed on Form BMC-85. The rule is 49 C.F.R. § 387.307, and the statute behind it is 49 U.S.C. § 13906(b). A broker can't keep its registration without it.
The money is there to pay motor carriers and shippers when a broker fails to pay freight charges under its contracts. Under § 13906(b), the bond or trust pays a claim when:
- the broker agrees to the payment;
- the broker doesn't respond to proper notice of the claim and the surety decides the claim is valid; or
- the claim isn't resolved after a reasonable attempt and it's reduced to a judgment against the broker.
The surety must respond within 30 days of notice, and a denial must be in writing with the reasons. The surety decides on paper, so the claim has to be complete.
How a bond claim works with us
1Check the broker
We pull the broker's authority and bond or trust filing from FMCSA's public records.
2Demand the broker
A formal demand with the rate confirmation, POD and invoice attached and a deadline to pay.
3File the bond claim
If the broker won't pay, we send the claim and documents to the surety or trustee.
4Follow up
We track the surety's 30-day response and keep pressure on the broker, the shipper and anyone else who can pay.
Check the broker's authority and bond on FMCSA
Before we file anything, we look the broker up by MC or USDOT number on FMCSA's public Licensing & Insurance (L&I) site. It shows whether the broker's authority is active, which surety or trustee holds the BMC-84 or BMC-85 filing, and whether a cancellation has been filed. Run the same check before you take a load: no bond or a pending cancellation is a red flag.
Why claims race when a broker fails
The $75,000 is the whole pot, no matter how many carriers the broker stiffed. Before a broker is declared in trouble, valid claims can be paid out of the bond as they come in, and each payment shrinks what's left. When a payment or claims would drop the bond below $75,000, the surety has to report it to FMCSA, and FMCSA moves to suspend the broker's authority.
If the surety decides the broker is in financial failure or insolvency, it cancels the bond, FMCSA posts a notice in the FMCSA Register, and the surety must accept claims for 60 calendar days after that notice. It then pays the uncontested claims, or a pro rata share of each if the claims add up to more than the bond. Miss the 60-day window and you get nothing from the bond, so file early and file complete. (If the broker files bankruptcy, these bond rules work differently, so tell us right away if you've heard that.)