Broker not paying your invoices? How to file a claim against the $75,000 broker bond
Every licensed freight broker must keep a $75,000 surety bond (Form BMC-84) or trust fund (BMC-85) on file with FMCSA to pay carriers when it fails to pay, under 49 CFR 387.307. Since Jan. 16, 2026, a broker whose bond falls below $75,000 can lose its authority within 7 business days.
The claim goes to the broker's surety company or trustee, not to FMCSA. Under 387.307, the bond or trust exists to pay motor carriers and shippers when a broker fails to carry out its contracts for transportation. FMCSA's Licensing and Insurance (L&I) public system shows a broker's authority status and insurance filings, according to the agency's FAQ on the rule. That is the first place to look before sending a claim.
Rules in effect since Jan. 16, 2026, tighten the process. The surety must tell FMCSA within 2 business days when it pays a claim that drops the bond below $75,000. That covers payments the broker agreed to, payments on a court judgment, and payments the surety finds valid after the broker fails to answer within 7 business days. FMCSA then gives the broker 7 business days to restore the full amount or settle the claims without the bond, or its authority is suspended. If the surety decides the broker is in financial failure, it must start canceling the bond, FMCSA posts a notice in the FMCSA Register, and claims are accepted for 60 calendar days after that posting.
FMCSA does not settle bond claims. Its FAQ says the agency stays out of payment disputes between carriers, brokers and sureties and limits its role to making sure brokers keep the required security on file. It takes complaints about fraud or rule violations through the National Consumer Complaint Database, and disputes over possible rule violations by brokers, sureties or carriers at [email protected]. Two limits apply: the 7-day suspension steps do not apply once a broker has filed for bankruptcy, and a bankruptcy filing by itself does not count as financial failure. The bond amount is $75,000, and every unpaid carrier claims against that same bond.
Why it matters: A carrier owed money by a broker has a federal bond to claim against. The claim goes to the surety, and once FMCSA posts a broker's financial failure the window is 60 days. Check a broker's authority and filings on FMCSA's L&I system before hauling.
If this affects you
- 49 CFR 387.307, in effect since Jan. 16, 2026, requires each broker to keep $75,000 in financial security on file with FMCSA, either a surety bond (BMC-84) or a trust fund (BMC-85). ecfr.gov
- When a surety reports a broker's financial failure, claims against the bond are accepted for 60 calendar days after FMCSA posts the notice in the FMCSA Register. fmcsa.dot.gov
- FMCSA says it does not resolve bond claim disputes and takes complaints about fraud or rule violations through the National Consumer Complaint Database. fmcsa.dot.gov
Sources
- Broker and Freight Forwarder Financial Responsibility Rule FAQsFMCSA, Jul 13
- 49 CFR 387.307 -- Property broker surety bond or trust fund.eCFR, Oct 23