How to File a BMC-84 Bond Claim When a Broker Won't Pay
The Short Answer
Every freight broker must maintain a $75,000 BMC-84 surety bond. If they refuse to pay you, you can file a claim against that bond. Process: send written demand letter (day 30 unpaid), look up bond issuer at safer.fmcsa.dot.gov, submit claim to bond company with rate confirmation + signed BOL + invoice + proof of demand. Timeline to payment: 60–90 days. You have 90 days from delivery to file.
About 4% of freight brokers pay slow (60+ days) and roughly 1% won't pay at all. When it happens, the BMC-84 surety bond is your primary recovery tool. Here's exactly how to file.
A BMC-84 is a $75,000 surety bond every freight broker must maintain with FMCSA. If a broker fails to pay a legitimate freight invoice, carriers can file a claim against that bond. It's the backstop that keeps brokers honest.
Step 1: Send a written demand (day 30 unpaid)
Send by both email and certified mail. Include:
- Rate confirmation copy
- Signed BOL (proof of delivery)
- Invoice with due date
- Clear statement: 'This invoice is now past due. Payment demanded within 10 business days. If not received, we will file a claim against your BMC-84 surety bond.'
Keep the certified mail receipt
The certified mail receipt is your evidence you gave the broker formal notice. Bond companies require proof you tried to collect before filing.
Step 2: Look up the bond company
- Go to safer.fmcsa.dot.gov
- Enter the broker's MC or DOT number
- Under 'For-Hire Authority Status' find the bond company name and policy number
- Common providers: Great American, Pacific Financial, JW Surety Bonds, RLI
Step 3: File the claim with the bond company
Contact the bond issuer directly. Provide the full claim package:
- Broker MC + bond policy number
- Signed rate confirmation
- Signed BOL / POD
- Invoice with due date
- Copy of demand letter and certified mail receipt
- Email correspondence with the broker (all screenshots)
Timeline and expectations
| Milestone | Typical time |
|---|---|
| Bond company acknowledges receipt | 5–10 business days |
| Investigation period | 30–60 days |
| Payment (if approved) | 60–90 days from filing |
Critical limits to know
- $75,000 bond covers ALL claims against that broker collectively
- If broker has $250k in claims across multiple carriers, claims are pro-rated
- You have 90 days from delivery (not from invoice date) to file — file early
- If bond is exhausted, broker's authority is revoked — but you're likely out the money
Frequently Asked Questions
How much does it cost to file a BMC-84 claim?+
Filing directly with the bond company is free. If you use a collection service or attorney, expect 25–35% contingency fee on the recovered amount.
What if the broker has BMC-85 instead of BMC-84?+
BMC-85 is a $75,000 trust fund instead of a surety bond, but the claim process is nearly identical. File with the trust administrator listed on SAFER.
Can I still collect if the broker files bankruptcy?+
Yes — the bond is separate from broker assets. Bond claims proceed independently of bankruptcy court. Actually easier because you don't compete with unsecured creditors.