Broker didn't pay? Bond claims and other options for NC carriers
When a broker sits on your invoice or goes under, the $75,000 broker bond is often the first place to turn. How to check the bond, file a claim, ask for the broker's records, go after the shipper, and beat the deadlines, as of October 2026.
The short version
Every licensed freight broker must keep a $75,000 surety bond (Form BMC-84) or trust fund (Form BMC-85) on file with FMCSA. It exists to pay carriers and shippers when the broker doesn't hold up its end. [1][4]
That $75,000 is one pot for every claim against the broker, not $75,000 per carrier. When a broker fails and the claims add up to more than the bond, each claimant gets a share. [4][19]
You also have a right to see the broker's record of your load, and you may be able to go after the shipper. Federal law gives a carrier 18 months from delivery to sue for its charges. [5][18][8]
This guide is for carriers with their own authority who haul brokered freight. If you're leased on and paid through a settlement sheet, see our settlement sheet guide instead. Everything here is as of October 2026. [1][5]
First steps when a payment is late
Pull together the paperwork for the load: the signed rate confirmation, the bill of lading or proof of delivery, your invoice, and any broker-carrier agreement. These are the documents a bond claim asks for. [19]
Save emails and texts about the load and the payment. One trust administrator lists them as support for a claim, and they show when you billed and when you asked to be paid. [19]
Read your broker-carrier agreement for the payment terms. The contract usually says who owes the freight charges and when, and the bill of lading may say whether the shipper refuses to pay a carrier directly. [18]
Our tip: send the broker a written demand that lists the load, the amount, the invoice date and a pay-by date. A bond can pay when a broker doesn't answer a claim, so a paper trail that shows the broker went quiet helps. [4][1]
Check the broker's bond and authority
FMCSA's public Licensing and Insurance site lets you look up a broker by MC or USDOT number. Our tip: check that it has a BMC-84 or BMC-85 filing in place and note who holds the bond or trust. [20][1]
FMCSA won't register a broker until the full $75,000 is in place, and the broker's registration lasts only as long as that security does. A broker with no active filing has a bigger problem than a late check. [1]
Watch for a cancellation. A surety or trustee has to give FMCSA 30 days' written notice before cancelling, and FMCSA must post the notice publicly. [1][4]
Our tip: check the bond before you book, not only after a payment goes missing. OOIDA's president said the $75,000 suspension rule helps carriers judge a broker's finances before taking a load. [16][20]
How a bond claim gets paid
Federal law lets the bond or trust pay a claim for unpaid freight charges in three cases: the broker agrees to the payment, the broker doesn't respond to proper notice and the surety finds the claim valid, or you win a court judgment against the broker. [4]
Under FMCSA's rule, a broker that doesn't respond to a claim within 7 business days can have a valid claim paid without its consent. [1]
The surety must answer your claim on or before the 30th day after it gets notice. If it denies the claim, it has to do so in writing and give its reasons. [4]
If you have to sue the surety to collect on a claim, the side that wins gets reasonable costs and attorney's fees. That cuts both ways, so a weak claim carries risk. [4]
Send legible copies of the rate confirmation, the bill of lading or proof of delivery, and your invoice. One trust administrator says it treats a claim as incomplete until it has them. Tell the claims handler if the broker or shipper pays you later. [19]
None of this promises payment. A surety can deny a claim it doesn't find valid, and a bond that has already paid other carriers may have little left. [4][19]
What changed on Jan. 16, 2026
FMCSA's broker financial responsibility rule was published in November 2023. Its compliance date for key parts was pushed back to Jan. 16, 2026, because FMCSA's new online registration system wasn't ready. [2][3][16]
When a payment drops a broker's bond or trust below $75,000, the surety must tell FMCSA within 2 business days. FMCSA then gives the broker notice, and its authority is suspended unless it shows an error, restores the $75,000 or pays the pending claims. [1]
When a surety decides a broker has failed financially, it must start cancelling the bond. FMCSA publishes the cancellation in the FMCSA Register, and the surety must take claims for 60 calendar days after that. [1][21]
After the 60 days, the surety pays all uncontested claims within 30 days, or a pro rata share if the claims add up to more than the bond. A bankruptcy filing on its own doesn't count as financial failure under the rule. [4][1]
Trust funds can now hold only cash, irrevocable letters of credit from federally insured banks, or Treasury bonds. Loan and finance companies can no longer act as BMC-85 trustees. [1][16]
Our tip: if your broker goes dark, check the FMCSA Register often. Missing the 60-day window after a failure notice can cost you your share of the bond. [1][21]
Your right to see the broker's records
Brokers must keep a record of every load for three years. It shows the shipper, the carrier, the bill of lading number, what the broker was paid and by whom, and any freight charges it collected with the date it paid the carrier. [5]
Each party to a brokered load has a right to review that record. If a broker says the shipper hasn't paid yet, the record can show whether money came in. [5]
FMCSA has proposed stronger rules, including electronic records and a copy within 48 hours of a request. A revised proposal went to White House review in late August 2026. As of October 2026, nothing new has been published, so the current rule still applies. [6][7]
Truckers have long said brokers ignore or dodge this rule, and OOIDA has pushed FMCSA to strengthen it. [16]
Other places to collect
The shipper. Usually the shipper pays the broker and the broker pays you. One transportation law firm says that when the broker doesn't pay, in most cases the carrier can pursue the shipper. A shipper's bill of lading may include non-recourse language that says it won't pay you directly. [18]
Double brokered loads are harder. The law firm notes that federal law bans brokering without a license, not every load passed between brokers, and that the contracts decide who owes whom. Our cargo theft and fraud guide covers how to spot these loads before you take one. [18]
NC small claims court hears money claims up to $10,000 before a magistrate. A case can go to a magistrate in the county where the defendant lives, so a broker based outside North Carolina may not fit there. [11][12]
The carrier's lien. NC law gives a carrier a lien on goods it holds for its charges, and the carrier loses it on goods it delivers voluntarily. Holding a brokered load to force payment raises its own legal risks, so talk to a lawyer before you try it. [14][18]
For larger amounts, a court case against the broker or the bond can make sense. This guide isn't legal advice. For a big claim, talk to a lawyer who handles freight cases. [4][11]
If you factor your invoices
With recourse factoring, you buy back invoices the factor can't collect. With non-recourse, the factor takes the risk of nonpayment, but not in every case. [17]
Disputed invoices and invoices sent straight to the customer instead of the factor are common exclusions in non-recourse deals. Read the agreement for what counts as a dispute. [17]
Once you've factored an invoice, the right to collect it may belong to the factor, not you. Sort out who files the bond claim before anyone sends a demand. [18]
Deadlines and a checklist
Federal law gives a carrier 18 months to sue for its charges. The clock starts when the load is delivered or delivery is offered. [8]
NC's general deadline for contract claims is three years. Which deadline controls your case is a legal question. Our tip: plan around the 18 months. [13][8]
Checklist: gather the rate confirmation, bill of lading or proof of delivery, invoice and messages. Send a written demand. Check the bond on FMCSA's site. Ask for the broker's record of the load. [19][20][5]
Then file the bond claim with copies of your documents. Watch the FMCSA Register if the broker fails. Keep track of the 18-month date if you may need to sue. [19][21][8]
If you're starting out, build these habits into your first-year setup. Our guide to starting a trucking company in NC covers the rest of the paperwork. [1][5]