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Owner's not paying co-drivers

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suganut

Rookie Expediter
New drivers and old drivers alike need to be aware that there are owners out there, who will not pay you. Don't be afraid to SUE its a pain in the *** they will feel. They can lose in court, travel expenses, and a couple days loads. Now they will be quick to say what you have made, but when you consider what you have made them, by being there. They can pay you. And there is no excuse for it.
 
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runrunner

runrunner

Veteran Expediter
Most owners are honest,but yes you will encounter a bad one,once in awhile. I have been lucky and only found one bad out of five good owners.So one out of six.
 
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Fkatz

Veteran Expediter
Charter Member
hi all, this has been an ongoing problem in this business, there are approximately 10 Owners that refuse to pay their drivers. We'll there is a way to take care of this problem, If you have Internet access, of which 99% of you do, Go to the IRS website, and find Form 3949-A information Referral. Fill this form out to the best of your knowledge, and send it in, it has to be mailed, This "information referral" states the information that you want to report, for false deductions, unreported income, etc. Make sure you have your proof before you do it. Then for your own records do the following. Make sure you enter on a Trip sheet, Shipper, receiver, Dead head to shipper, Load rate, % or Mileage, rate per mile, pick up date, deliver date, and attach a copy of the Bill of laden to each trip sheet . that way you have the proof you need to show the IRs what your income is. make sure you report the income even if you do not get a 1099, that way your being honest, If you do not get paid, nor receive a 1099- call the IRS and report it to them first, then make out the 3949-A Information Referral and mail it in, it will verify it. [h=1]Franklin Katz, RTRP, ATP, PA, PB[/h][h=1]Frank's Tax & Business Service[/h][h=1]315 E. King St.[/h][h=1]Kings Mountain, NC 28086[/h][h=1]704-739-4039 [/h][h=1]E-Mail: [email protected])[/h][h=1]Web: www.prep.1040.com/frankstax[/h][h=1] [/h][h=1]IRS Circular 230 Notice: Unless expressly stated otherwise inthis
transmission, any tax advice contained herein, forwarded with or attached to
this message was not and is not intended to be used, nor may it be relied
upon or used, by any taxpayer for the purpose of (1) the avoidance of any
tax-related penalties under the Internal Revenue Code or applicable state or
local tax law provisions, or (2) promoting, marketing or recommending to
another party any tax transaction or tax-related matters that may be
addressed herein.

[/h]
 
noneya

noneya

Active Expediter
I'm in the process of sueing a previous owner for non payment and repair bills. It has been a long process. Is it normal for this process to take this long? It's been almost a year all ready and so far no settlement.

SENT FROM YA MAMA'S HOUSE
 
runrunner

runrunner

Veteran Expediter
noneya said:
I'm in the process of sueing a previous owner for non payment and repair bills. It has been a long process. Is it normal for this process to take this long? It's been almost a year all ready and so far no settlement.

SENT FROM YA MAMA'S HOUSE
Click to expand...

Even after you sue and win,it is hard to enforce the judgment.Some never collect.
 
S

suganut

Rookie Expediter
You won't always win in the courtroom. That is true, still they lose. If you consider they will not be on the road, they will be losing money, and be vocal. Tell others to steer clear of them, if you see them with another gullible driver, tell them. You can't do a lot, but you can make others aware.
 
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paullud

paullud

Veteran Expediter
runrunner said:
Even after you sue and win,it is hard to enforce the judgment.Some never collect.
Click to expand...

That is not true and typically only happens if the owner has lost everything and gone bankrupt. A small claims verdict is easily enforced and in most places it means I can show up to your place of business with a sheriff and start taking your stuff.

Sent from my SCH-I535 using EO Forums mobile app
 
F

Fkatz

Veteran Expediter
Charter Member
HI ALL.

There will definitely be a big problem, If the owner that you are driving for now, and he finds out that your bad mouthing him, and the possibility of him going out of business due to not paying his driver., he has only 1 way to get even, and that is if he finds out who you are you can be sued for Slander. and Defamation of Character.
So try and keep it simple, only listen to other drivers who worked for him/her, and then make up your mind.

Before I fill out the tax referral form, Call the IRS Small Business division and report him to them, stating that your not being paid, and no 1099 misc was ever received.
Or you can also call the Dept of Labor in the state where the owner is located and report him there, but normally the Dept of Labor is for the business owner and not the employee or contractor. but you can try that to.
There is another way, Call the State Department of Revenue and see what they suggest. it might help

I still suggest the Federal Form 3949-A as a way to report these corrupt owners, once the IRS does get them it could cost them a fine of over $5000.00 plus Penalties and interest for each year and then be found to giving fraudulent information to there preparer. If the Preparer actually believes them, and does the return, they should police the taxpayer, I would suggest requesting their business bank account where the invoice that he bills to the shipper will show the actual monies he receives. But it will be hard to prove, unless the IRS or your lawyer sues for breach of contract. I HOPE YOU HAVE A WRITTEN CONTRACT BETWEEN YOU AND THE OWNER. IF NOT YOUR OUT OF LUCK. !!!!
I cannot give you anymore info on this . FILL OUT THE FORM AND MAIL IT IN. THAT IS ALL I CAN SAY, AND PUT YOUR NAME ON IT. IF THEY GO AFTER HIM THEY WOULD REWARD YOU A PERCENTAGE OF THE TAX OWED. IT AIN'T MUCH, BUT 1% IS BETTER THAN NOTHING.

FRANK
 
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