How to Write a Demand Letter for an Unpaid Freight Invoice

Not legal advice. This is a document-preparation tool, not a law firm. Results aren't guaranteed. Verify all info with FMCSA and consult an attorney for legal questions.

A good demand letter is short, factual, and firm. Its job is to make it easy for the broker to pay, and obvious what happens if they don't. Here's what to include and how to send it.

Check the broker first. It's free.

See authority status, authority age, BMC-84/85 on file, and the surety name from FMCSA records.

Broker owes you? Build a demand letter + bond-claim packet for

9. Before you write: get your facts straight

Pull the rate con, BOL/POD, invoice, and any messages about payment. Look up the broker on our free Broker Check or FMCSA's FMCSA Licensing & Insurance (L&I) to get its exact legal name, MC number, address on file, and its BMC-84 surety or BMC-85 trustee. Address the letter to the legal entity, not a dispatcher's nickname.

What to include

Your header: company name, MC and USDOT numbers, address, phone, email.
Date and delivery method (for example, "Sent via email and USPS Certified Mail").
Broker's legal name, MC, and address, Attn: Accounts Payable.
A clear subject line: "RE: FINAL DEMAND FOR PAYMENT - Load #12345, Origin to Destination, Amount Due $X."
The facts, in order: you hauled the load under a rate confirmation dated ___ at an agreed rate of $___; picked up on ___ and delivered on ___ with a signed POD; invoiced on ___ (Invoice #___); payment is now ___ days outstanding.
Short-pay detail, if any: what was paid, what was deducted, and why you dispute it.
The contingency point (if your contract supports it): "Our agreement with you is not contingent on your customer paying you." Check your rate con and broker-carrier agreement first.
The demand: payment in full within a set number of days (many carriers use 10), by a specific date, with payment instructions.
What happens next: if unpaid, you intend to file a claim against their BMC-84 surety bond or BMC-85 trust fund with [surety name], and you may file a complaint in the FMCSA National Consumer Complaint Database and pursue other remedies.
Enclosures: rate con, BOL/POD, invoice.
Signature with your name and title.

Why naming the surety works

Every broker must keep $75,000 in financial security on file (49 CFR 387.307). Under the current rule, if payments or valid claims would drop that below $75,000, the surety must notify FMCSA, and FMCSA moves toward suspending the broker's authority unless it's fixed. Brokers don't want claims hitting their bond. Naming the surety tells them you know exactly where to go next.

Asking for the broker's records

If the broker says its customer hasn't paid, you can add a line requesting to review the transaction record. Under 49 CFR 371.3, brokers must keep transaction records for three years, and "each party to a brokered transaction has the right to review the record."

What to leave out

Threats you won't follow through on, or anything that sounds like harassment.
Legal conclusions you're not sure about. Stick to facts and what you intend to do.
Anger. The surety may read this letter later. Calm and factual looks best.
Made-up deadlines or penalties. Don't cite laws or interest you haven't confirmed.

How to send it

Email it to the broker's AP contact and send a copy by certified mail (or another trackable method) to the address on FMCSA's record. Save the email, the mailing receipt, and the delivery confirmation. Those become an exhibit in your bond claim.

If the deadline passes

Send one short follow-up reminding them the deadline passed and that you're filing with the surety. Then file. See how to file a freight broker bond claim and how to find the surety.

Our $19 packet fills all of this in for you from FMCSA data and your load details: demand letter, bond-claim letter, exhibit checklist, timeline, and a day-10 reminder email. While you're at it, check your own compliance deadlines.

A short example of the key paragraph

"[Your company] transported the above load for [Broker legal name] under a rate confirmation dated [date] at the agreed rate of $[amount]. The load was picked up on [date] and delivered on [date], confirmed by signed proof of delivery. We invoiced you on [date] (Invoice #[number]). As of today, payment is [number] days outstanding. We demand payment in full of $[amount] by [date]. If payment is not received by that date, we intend to file a claim against your BMC-84 surety bond or BMC-85 trust fund with [surety name]."

Replace every bracket with your real facts. Don't leave placeholders in a letter you send.

Checklist before you hit send

Broker legal name and MC match FMCSA records.
Load number, dates, and amounts match your rate con and invoice.
Payment deadline is a specific calendar date.
Payment instructions are clear (ACH, check address, factoring remit-to if applicable).
Surety or trustee name is current, from FMCSA's record.
Attachments are included and readable.
You signed it.
You saved a copy, and you'll save the proof of sending and delivery.

Factored invoices

If a factoring company owns the invoice, check with them before sending a demand. They may need to send it, or want payment sent to them. Use the remit-to information they require.

Sources

FAQ

How long should I give the broker to pay?
There is no single legal rule. Many carriers give 10 days. Check your rate con or carrier agreement for payment terms, and pick a firm, reasonable date.

Should I send it by email or mail?
Both. Email gets it there fast; certified mail or another trackable method gives you proof of delivery the surety may ask for.

Check the broker first. It's free.

See authority status, authority age, BMC-84/85 on file, and the surety name from FMCSA records.

Broker owes you? Build a demand letter + bond-claim packet for $19.

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Not legal advice. This is a document-preparation tool, not a law firm. Results aren't guaranteed. Verify all info with FMCSA and consult an attorney for legal questions.