Freight Broker Bond Claims · BMC-84 / BMC-85
The Broker Disappeared.
Your Freight Charges Didn’t.
You delivered the load. The broker hasn’t paid. We verify its BMC-84 bond or BMC-85 trust, document your freight charges, and pursue the claim while investigating other documented paths to payment.
You pay a collection fee only when we recover. Proposed legal action and costs require your approval.
The $75,000 Rule
One Broker.
One Shared Pool.
Every registered property broker must carry $75,000 in financial security, regardless of its branch offices or sales agents. A BMC-84 is a surety bond. A BMC-85 is a trust fund.
The limit is shared across covered claims. It is not $75,000 per carrier or per load, and required security cannot be reduced by deducting attorney’s fees or administrative costs.
Reporting
Drawdowns Get Reported
Specified payments or determinations that reduce available security below $75,000 trigger notice to FMCSA within two business days, subject to the rule’s exceptions.
Authority
Defaults Can Stop Operations
After FMCSA serves a pending-suspension notice, the broker has seven business days to provide evidence of an error, replenished security, or satisfaction of the pending claims outside the security.
Trust Funds
Assets Must Be Available
BMC-85 assets are limited to cash, qualifying irrevocable letters of credit, and Treasury bonds, with assets capable of conversion to cash within seven calendar days.
Provider Compliance
Providers Face Consequences
Following the required process, a violating surety or trust provider can lose eligibility to file broker financial security for three years.
A bond filing is a starting point. A complete claim is what puts your freight charges in front of the provider.
Claim Paths & Deadlines
Know Which Clock
Is Running.
An ordinary claim and a broker’s financial-failure claim process have different steps. The 60-day period is a special financial-failure window, not a universal deadline measured from your invoice date.
to Respond
After Notice of a Claim
The surety must respond within 30 days after receiving notice. A denial must explain the grounds in writing. A response deadline is not a payment deadline.
to Submit Claims
After Financial-Failure Publication
The special window begins with FMCSA’s public financial-failure or insolvency notice in the FMCSA Register. A weekend or federal-holiday final day extends to the next business day.
the Window Closes
Uncontested Claims Get Paid
The provider must pay uncontested claims received during that period, or a proportional share when those claims exceed the available security. Filing first does not guarantee full payment.
Read the 2026 Broker Bond Claim Deadlines Guide
Three Statutory Routes
Consent. Silence.
Or a Judgment.
- The broker consents.The provider reviews the claim and the broker’s consent to payment.
- The broker does not respond.After adequate notice, the provider can determine that a claim is valid without cooperation. The regulation specifies a seven-business-day broker response period in the applicable process.
- The claim becomes a judgment.After reasonable resolution efforts, unresolved claims can proceed through independent counsel, with your approval.
Don’t wait for a cancellation notice to start. Send the broker’s MC number and your load file.
Start My Free Claim ReviewWhat We Handle
File the Bond Claim.
Keep Pursuing the Balance.
The security may cover only part of the loss. We organize the claim and review the records for additional payment obligations, so a limited bond does not become the end of the investigation.
Bond & Authority Verification
Confirm the broker’s registration, identify its BMC-84 or BMC-85 provider, and review filing and cancellation information relevant to the load.
Claim Documentation
Bring the rate confirmation, bill of lading, delivery receipt, invoice, and payment history together to support the amount claimed.
Submission & Follow-Up
Present the documented claim to the provider, track responses, request reasons for denials, and address disputed or missing information.
Notice & Deadline Review
Check the FMCSA Register and relevant notices for a financial-failure publication, then identify and track the applicable claim period.
Transaction Record Requests
Brokers must retain transaction records for three years. We request relevant records and review contractual access issues as part of documenting the load and payment chain.
Decision-Makers & Other Obligations
Locate broker decision-makers and examine guarantees, contracts, delivery records, and related transactions for other documented paths to payment.
- 01Send the File
- 02Verify & Document
- 03Submit & Pursue
- 04Refer When Needed
When the Claim Gets Complicated
Follow the Facts.
Choose the Right Route.
Unauthorized Brokerage
Liability Can Reach Beyond the Company.
Federal law can impose joint and several liability when someone knowingly authorizes, consents to, or permits interstate brokerage without required authority or financial security. Qualifying claims can reach the entity and individual officers, directors, or principals.
A second tender alone does not establish every element of that claim. We document the chain of tender and refer qualifying matters to independent counsel.
See How Our Legal Network WorksBroker Bankruptcy
A Filing Calls for a Different Review.
A Title 11 filing alone does not constitute financial failure under these FMCSA provisions. The rule also contains a bankruptcy exception to its specified notification triggers.
Bond rights and bankruptcy restrictions need review together. Send the case number and load records so qualified counsel can evaluate the available claim routes and appropriate next steps.
Submit the Account for ReviewBSA Case Snapshot · Oilfield Freight
≈$200KRecovered through consignee freight claims
A separate payment pathThe Original Customer
Wasn’t the End of the Trail.
In an oilfield freight matter, shipment records and signed bills of lading identified consignees beyond the original bill-to customers. BSA pursued that payment path and recovered approximately $200,000 in unpaid freight.
This was a consignee freight recovery, not a broker bond payout. It shows why the delivery records matter when the original customer does not pay.
Read the Oilfield Freight Case StudyResults vary by account and are not guaranteed. Client and debtor identities are omitted.
What to Send Us
Your Paperwork
Is Your Leverage.
Send what you have. We’ll identify gaps and the records needed to evaluate the claim.
Start My Free Claim Review- Signed rate confirmation
- Bill of lading and proof of delivery
- Invoice, statements, and payment history
- Broker’s MC or USDOT number
- Emails or texts acknowledging the balance
- Quick-pay or factoring agreements tied to the load
- Any provider notices, denials, or bankruptcy information
Payment Problems?
Check the Claim.
- Pay dates keep sliding
- Quick-pay becomes unavailable
- Your broker contact stops answering
- “The shipper hasn’t paid us”
- Other carriers report nonpayment
- Authority or security is cancelled
Built for Commercial Carriers
Before You Get Started
Straight
Answers.
Know what the security covers, what the deadlines mean, and what happens next.
How long do I have to file a broker bond claim?
The 60-calendar-day period applies to the financial-failure process and begins with FMCSA’s public notice in the FMCSA Register. If its final day is a weekend or federal holiday, the period extends to the next business day. It is not a universal deadline measured from your invoice date. Start the review promptly so the applicable notices and deadlines can be checked.
Will the bond pay my full invoice?
Not necessarily. Required security is $75,000 for the broker, shared across covered claims. During financial failure, uncontested claims received in the statutory period share proportionally when their total exceeds the available security. We also evaluate other documented payment obligations.
What happens if the broker ignores the claim?
After adequate notice, the provider can determine that the claim is valid without the broker’s cooperation. The applicable regulation uses a seven-business-day broker response period. Silence does not guarantee payment, and the provider’s claim review remains important.
How long does the surety have to respond?
The surety must respond within 30 days after receiving notice of the claim and give written grounds for a denial. That response requirement is separate from the special payment deadline for uncontested claims after the financial-failure claim window closes.
Can I review the broker’s transaction record?
Federal regulations require three-year retention and give each party to the brokered transaction a right to review the required record. We request relevant records and review any contractual access issues. Proposed electronic-production changes should not be confused with the requirements currently in effect.
What if the load was double brokered or the broker filed bankruptcy?
Both require an account-specific review. Unauthorized-brokerage liability depends on the statutory requirements and supporting facts. Bankruptcy adds separate restrictions and exceptions. We organize the documents and refer qualifying matters to independent counsel with your approval.
Does BSA file lawsuits?
No. BSA is a commercial collection agency, not a law firm. When a claim requires litigation, we coordinate referral to licensed, independent attorneys in our network, with your authorization.
What does it cost?
You pay a collection fee only when we recover. Any proposed legal action and associated costs are discussed with you for approval before proceeding.
Your Free Claim Review
Your Load Was Delivered.
Your Claim Needs Action.
Send the broker’s MC number and your load documents. We’ll review the account confidentially, check the financial-security information, and explain the next steps for pursuing the balance.
Federal sources
Brillman, Schultz & Associates is a commercial collection agency, not a law firm, and does not provide legal advice. This page summarizes federal broker financial-security requirements for general information. Requirements and available remedies depend on the facts and may change. Matters requiring legal action are pursued through licensed, independent counsel with client authorization. Results vary and are not guaranteed.
