Key facts
| Bond amount | $75,000 BMC-84 surety bond or BMC-85 trust fund |
|---|---|
| Who pays the claim | The surety company or trustee on the broker's FMCSA record |
| Where to find it | FMCSA Licensing & Insurance (L&I): active filings and insurance history |
| Shared limit | $75,000 in total for all claims against that broker, not per carrier |
| What to send | Copies of the rate con, BOL, signed POD, invoice and payment requests |
| Your records right | 49 CFR 371.3: parties to a brokered load can review the broker's record of it |
Step by step
Ask for payment in writing
Resend the invoice with the signed proof of delivery, then send a written demand with a clear deadline. Keep copies of everything you send and receive.
Find the surety on the broker's FMCSA record
Look the broker up in FMCSA's Licensing & Insurance system. The active filing shows the surety or trustee; if the bond changed, use the insurance history to find who held it on your delivery date.
Get the surety's claim process
Contact the surety company, give the broker's name and MC number, and ask how they want claims submitted. Many have a claim form.
Send a complete claim package
Include copies, never originals, of the rate confirmation, bill of lading, signed proof of delivery, invoice and your payment requests, plus the amount owed.
Follow up and keep your options open
Track the claim in writing. If the bond doesn't cover it or no bond was on file, you may need to pursue the broker directly, for example in small claims court or with an attorney.
Checklist
- Broker's MC number and legal name
- Surety or trustee that held the bond on your delivery date
- Copy of the signed rate confirmation
- Bill of lading and signed proof of delivery
- Invoice and dated payment requests
- Written demand with a deadline
FAQ
How much can I recover from a broker bond?
Up to what you're owed, but the bond is $75,000 in total for that broker. If several carriers file claims, the money can end up being shared among them, so file promptly once it's clear the broker won't pay.
What if the broker's bond was cancelled?
Check the broker's insurance history on FMCSA. If a bond was active on your delivery date, claim against that surety. If no bond was on file, you'll likely need to pursue the broker directly, for example in small claims court or with an attorney.
Can I see what the shipper paid the broker?
Federal rules (49 CFR 371.3) require brokers to keep a record of each brokered transaction for three years, and each party to the transaction has the right to review it. Some broker-carrier agreements try to waive this, so read yours before you sign.
Want someone to handle it?
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Official sources
- FMCSA Licensing & Insurance (L&I)
- 49 CFR 371.3: Records to be kept by brokers
- FMCSA: Broker and freight forwarder financial responsibility rule
General information, not legal or tax advice. Rules change; confirm your exact situation with the agency linked above.