What to do when a broker short-pays your invoice
When a broker short-pays, compare the remittance to the rate confirmation, then dispute the gap in writing with proof. Under 49 CFR 371.3, brokers keep each transaction record for 3 years, and each party may review it.
By Clovrr ·
Find the short-pay
Short-pays hide in remittances. Match every payment to its rate con and invoice, line by line.
When a payment comes up short, look for the reason. Common ones to check:
- An accessorial line, such as detention or lumper, was dropped.
- A deduction for late delivery, missing paperwork or a claimed shortage.
- A quick-pay or factoring fee you did or didn't agree to.
- A plain math or keying error.
Dispute it in writing
- 01Email the broker's carrier payables team. Give the load number, invoice amount, amount paid and the gap.
- 02Ask for the reason for each deduction, in writing.
- 03Attach the rate con, signed BOL or proof of delivery, the invoice and any approval emails.
- 04Follow up on a set schedule. Keep every reply.
- 05If you factor, tell your factoring company. Your agreement may say who disputes the short-pay.
Ask for the broker's records
Federal rules require brokers to keep a record of each brokered load. Under 49 CFR 371.3, the record includes:
- the broker's compensation and who paid it,
- any freight charges the broker collected, and
- the date the broker paid the carrier.
Brokers must keep these records for 3 years. Each party to the brokered transaction has the right to review the record.
Know the deadlines
Start with your own paperwork. Check your rate confirmation and broker-carrier agreement for dispute and claim deadlines.
Federal law also sets a time limit. Under 49 U.S.C. 14705, a carrier must begin a civil action to recover charges within 18 months after the claim accrues.
For shipments, the claim accrues on delivery or tender of delivery. This is not legal advice. Talk to an attorney about how it applies to your load.
If the broker stops paying altogether
Property brokers must keep a $75,000 surety bond (Form BMC-84) or trust fund (Form BMC-85), under 49 CFR 387.307. It pays shippers or motor carriers if the broker fails to carry out its contracts.
New rules apply from January 16, 2026, the compliance date FMCSA set. If a broker's security falls below $75,000, FMCSA suspends its authority within 7 business days of notice, unless the broker fixes it.
If a surety finds a broker in financial failure, it must notify FMCSA and start cancelling the bond.
FMCSA then posts notice in the FMCSA Register. The surety must accept claims for 60 calendar days after that notice.
If a broker owes you money and stops answering, watch the FMCSA Register for that notice.
- Rate con
- Line haul $2,400 + detention $150
- Invoice
- $2,550
- Remittance
- $2,300
- Gap
- $250: detention dropped ($150) and a $100 "late delivery" deduction
- Proof sent
- Signed BOL showing on-time delivery, ELD stop record, rate con
- Ask
- Pay the $250, or state each deduction's reason in writing
These numbers are made up to show the process. They are not a customer result.
Common questions
- How long do I have to dispute a short-pay?
- Check your rate confirmation and broker-carrier agreement first. Federal law sets an 18-month limit to sue for charges; ask an attorney how it applies.
- Can I see what the shipper paid the broker?
- Federal rules give each party to a brokered transaction the right to review the broker's record of it. Ask the broker in writing.
- What is a BMC-84?
- It's the FMCSA form for a property broker's $75,000 surety bond. The bond can pay carriers when a broker fails to carry out its contracts.
Sources
- 49 CFR § 371.3, Records to be kept by brokers (Cornell Legal Information Institute). Accessed October 1, 2026.
- 49 U.S.C. § 14705, Limitation on actions by and against carriers (Cornell Legal Information Institute). Accessed October 1, 2026.
- 49 CFR § 387.307, Property broker surety bond or trust fund (Cornell Legal Information Institute). Accessed October 1, 2026.
- FMCSA, “Broker and Freight Forwarder Financial Responsibility; Extension of Compliance Date,” final rule, Federal Register document 2024-30509. Accessed October 1, 2026.
This guide is general information, not legal advice. Your rate confirmation and broker-carrier agreement set the terms for each load.