How to File a Freight Broker Bond Claim (BMC-84 / BMC-85), Step by Step

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.

If a broker hauled your load on their rate con and never paid, there is money set aside for exactly that situation. Every licensed property broker has to keep financial security on file with FMCSA. This guide walks through how to make a claim against it, one step at a time.

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. What the bond is (and what it isn't)

Federal rules at 49 CFR 387.307 say a broker "must have a surety bond or trust fund of $75,000 in effect," filed on Form BMC-84 (surety bond) or Form BMC-85 (trust fund). The rule says the bond or trust exists to provide "for payments to shippers or motor carriers if the broker fails to carry out its contracts, agreements, or arrangements for the supplying of transportation by authorized motor carriers."

A few things to keep in mind:

It's $75,000 total, not per claim. If many carriers are owed by the same broker, they're all drawing on the same security.
The surety isn't your insurance company. A surety investigates and pays valid claims, then usually seeks repayment from the broker. Expect them to ask the broker for its side.
FMCSA doesn't pay claims. You file with the surety or trustee named on the filing.

Step 1: Confirm the broker and its bond

Look up the broker's MC number on the FMCSA Licensing & Insurance (L&I) system or use our free Broker Check. You want four facts: the broker's exact legal name, whether broker authority is active, whether a BMC-84 or BMC-85 is on file, and the name of the surety or trustee plus the bond/trust number. Write down the date you checked. If the filing shows as cancelled or pending cancellation, move faster; see the timing section below.

Make sure the company on your rate con is the same entity that holds the bond. Double-brokering and identity theft are real. A name or MC that doesn't match FMCSA records is a red flag to sort out before you file.

Step 2: Gather your paper

A surety will want proof that you had a deal, did the work, and billed for it. Pull together:

The signed rate confirmation (agreed rate, load number, dates).
The bill of lading and signed proof of delivery (POD).
Your invoice, and proof you sent it (email, factoring portal screenshot).
Every email, text, or load-board message with the broker about payment.
Your demand letter and proof it was sent (next step).

Federal rules also require brokers to keep a record of each transaction for three years, and say that "each party to a brokered transaction has the right to review the record" (49 CFR 371.3). If the broker claims it was never paid by the shipper, or disputes amounts, you can ask in writing to review that record.

Step 3: Send a final written demand

Before you go to the surety, put the broker on clear written notice: the load, the amount, the invoice, and a firm date to pay (many carriers use 10 days). Say you'll file against the bond if they don't pay, and name the surety. Send it by email and by a trackable method like certified mail, and keep the receipts. Our guide on how to write a demand letter for an unpaid freight invoice covers this in detail.

A demand letter that names the surety often gets results by itself. Brokers know a claim can end up affecting their bond and, under the current rule, their authority.

Step 4: Contact the surety and get its claim requirements

Call or email the surety's claims department (see how to find a broker's surety company). Ask three questions: Where do I send a claim? Do you have a claim form? What documents and deadlines do you require? Each surety has its own process. Write down who you spoke with and when.

Step 5: Submit a complete, organized claim

Send a claim letter that identifies the broker (principal) and its MC number, the bond or trust number, you as claimant, and the amount. Then lay out the facts in order: load tendered, picked up, delivered, invoiced, demand sent, not paid. Attach exhibits labeled clearly (rate con, BOL/POD, invoice, demand letter with proof of sending, correspondence). Ask the surety to acknowledge receipt in writing.

Step 6: What happens next

The current version of 49 CFR 387.307 (effective January 16, 2026) spells out part of the process. If the broker does not respond within 7 business days to address the validity of a claim and the surety determines the claim is valid, the surety can pay. When payments or valid pending claims would drop the bond or trust below $75,000, the surety must notify FMCSA, and FMCSA will notify the broker that its authority will be suspended within 7 business days unless the broker fixes it. If the broker has a "financial failure," the surety must start cancellation of the bond, FMCSA posts notice in the FMCSA Register, and the surety "must accept claims... for 60 calendar days" after that public notice.

That 60-day window matters. If a broker you're owed by goes under, watch the FMCSA Register and file quickly. Claims may be paid pro rata or handled differently depending on the surety and the facts.

Timing: don't wait

There is no single federal deadline that fits every bond claim. Your rate con, the bond's terms, the surety's procedures, and your state's law can all matter. The safe move is to send your demand within days, not months, of the payment going late, and to file with the surety promptly if the demand fails.

Other options

You can also file a complaint in the FMCSA National Consumer Complaint Database and talk to a collections attorney, especially for larger amounts or if the bond is exhausted. See Broker won't pay? What owner-operators can do.

Keep your own house in order too: an out-of-date MCS-150 or lapsed UCR can cause headaches when you need your authority to look clean. Our trucking deadlines page lists the key dates.

Sources

FAQ

Who do I file a broker bond claim with?
With the surety company (BMC-84) or the financial institution acting as trustee (BMC-85) listed on the broker's FMCSA filing, not with FMCSA.

How much is a freight broker bond?
Under 49 CFR 387.307, a broker must keep a $75,000 surety bond or trust fund in effect.

Is there a deadline to file?
It depends on the bond, the surety's procedures, and any cancellation notice. If FMCSA publishes a broker's financial failure in the FMCSA Register, the regulation requires the surety to accept claims for 60 calendar days after that notice. File as soon as you can and ask the surety about its requirements.

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.