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Guide

Broker bond claim (BMC-84): how it works and what to file

Every property broker must keep a $75,000 bond or trust fund on file. When the broker does not pay, a carrier may claim against it. The pool is shared, the windows are short and the packet decides the outcome.

In short

  • A broker must have a $75,000 surety bond (BMC-84) or trust fund (BMC-85) in effect. 49 CFR 387.307.
  • If a payment drops the fund below $75,000, the surety must tell FMCSA within 2 business days.
  • After FMCSA finds a financial failure, the surety must accept claims for 60 calendar days.
  • It is one pool for all claimants. Claim early with a complete packet.

One pool, many claimants

The bond is not your money. It is a pool of $75,000 that every unpaid carrier of that broker draws on. If the total of valid claims is larger than the pool, someone gets less than the invoice. How the surety divides a short pool is set by the bond terms and the law, so ask. verify

The regulation also describes the paper trail. A bond can be cancelled only on 30 days written notice to FMCSA on Form BMC-36. A surety can pay a valid claim if the broker "does not respond within 7 business days". After a financial failure determination, claims are accepted for 60 calendar days.

That makes dates the whole game. The picture uses invented claims to show why an early, complete claim is worth the work.

Shared bond poolHorizontal bars compare a 75,000 dollar bond to four invented claims totalling 112,400 dollars, so claims exceed the pool.Bond pool$75,000Carrier 1 claim$38,000Carrier 2 claim$31,400Carrier 3 claim$27,500Carrier 4 claim$15,500EXAMPLE VALUES
Invented claims of $112,400 against a $75,000 pool. If every claim is valid, the pool cannot pay in full. Check how your surety allocates.

Filing a claim, step by step

  1. Confirm the broker and surety

    Look up the broker on the FMCSA Licensing and Insurance site. Note the bond form (BMC-84 or BMC-85), the surety or institution and the amount on file.

  2. Check status and dates

    Write down the date of the last payment you were promised and the invoice due date. Note any cancellation notice or authority change. Dates drive the window.

  3. Build the packet

    Rate confirmation, signed POD or BOL, invoice, remittance history, your written payment requests and any dispute emails. One folder, named by load number.

  4. Send the request to the surety

    Ask for their claim form and send the packet. Keep proof of the send date. The request letter below is a starting point.

  5. Track the response

    Note the date the surety acknowledged. The regulation gives a 7 business day response reference when the broker does not respond. verify

  6. Keep chasing the broker too

    A bond claim does not release the broker from owing you. Keep the demand letter record alive.

Packet checklist and who holds each piece

Bond claim packet
DocumentHolderUsed to prove
Rate confirmationYou and the brokerThe agreed rate and payment terms
Signed POD or BOLYou or the driverThe delivery was completed
Invoice with send dateYouAmount and when it was due
Written demands and repliesYouThe broker did not pay after asking
Bond filing detailsFMCSA record, suretyWho to claim against
Remittance historyYour bank, factorWhat was paid and what is open

Source: 49 CFR 387.307, eCFR, read 2026-10-09 (https://www.ecfr.gov/current/title-49/part-387/section-387.307). This is a summary of public regulation. Your bond terms and a lawyer decide your claim.

Worked example EXAMPLE VALUES

Invented numbers. Carrier X is owed $9,600 on three invoices from Broker A. The bond is $75,000 and other carriers have claims totalling $90,000.

  • Total claims: $9,600 + $90,000 = $99,600 against a $75,000 pool.
  • If shared in proportion, every claim would be paid about 75.3% (75,000 / 99,600). Carrier X would receive about $7,229.
  • Whether the surety shares in proportion or by order of filing is not shown here. Ask.

The point is the gap: $9,600 invoiced, about $7,229 recovered if the pool is shared in proportion. Plan for part of the invoice.

Request to the surety to copy

Subject: Claim against broker bond, [broker name], MC [number] To [surety name]: We are a motor carrier (USDOT [number]) owed [amount] by [broker name], MC [number], for loads [numbers] delivered [dates]. Please send your claim form and tell us the deadline for filing. Attached: rate confirmations, signed PODs, invoices, payment demands, replies. [Name], [company], [phone], [email]

Ask for the claim form and deadline in writing. Keep the send record.

What we would check in your audit

  • Which brokers hold your open invoices, and the total owed to you per broker.
  • Whether each open invoice has a signed POD, a matching rate con and a dated demand on file.
  • Whether the amounts are large enough that a shared pool changes your plan.
  • Brokers where the first short pay or late payment shows the pattern early.

See what each broker owes across your last 20 loads

Questions

Does the bond cover freight forwarders and carriers the same way?

The section we read covers property brokers. We did not read the rules for freight forwarders, so check separately. verify

Is there a deadline to claim?

The regulation sets a 60 calendar day window after a financial failure determination, and your bond terms may differ. Act as soon as you are sure the broker is not paying. verify

Will the broker lose authority?

FMCSA suspends authority when financial security falls below the minimum and is not replenished, per FMCSA guidance. verify

Do I need a lawyer?

For amounts large enough to matter, yes. This page is a map, not advice.

Related: broker not paying, broker vetting, short pay and chargebacks, POD and BOL errors, invoice aging.

See what your last 20 loads show.

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