Promissory Note Problems

Topic 14030 | Page 1

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The Chad's Comment
member avatar

So I failed my road test 3 times with Stevens Transport, and now a prommissory note that I signed has been referred to a collection agency. The agency is is threatening to file a complaint on my DAC REPORT and something with DOT. The agency said that the complaint would cause problems with me getting loads because of an issue with bonds on the load being expensive, and maybe my license too!

Can this really happen, or is this guy using a scare tactic to get me to pay a debt. I paid $25 to get him off my back for a few weeks, but I know more calls are coming.

The thing that angers me the most is that they would do this over a $800 debt. I told the agency I have every intention of paying, but I am training with PAM now, and I got two more weeks of school, and then I'll be working. Right now I have NO income.

If anyone knows a concrete answer on this I would appreciate it. Unfortunately I don't want to take a chance of affecting my DAC negatively, but at the same time I would rather pay this when I am making $$ rather than deal with it during my training pay.

Thanks 😟

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

Robert B. (The Dragon) ye's Comment
member avatar

I'm a bit confused to be honest. The promissory note is based upon you completing their program and becoming an employee. I wouldn't think they could hold you accountable of you never went to work for them.

The Chad's Comment
member avatar

I'm a bit confused to be honest. The promissory note is based upon you completing their program and becoming an employee. I wouldn't think they could hold you accountable of you never went to work for them.

If you don't make it through the school, you don't have to pay the $3800. But you have to pay them back for meal money, and the hotel. For me that is $800, and I will pay it back, but I have no income to pay now. And they are threatening to file some complaint on my DAC. As soon as possible I will pay it, but I gotta get through school and OTR training.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

Robert B. (The Dragon) ye's Comment
member avatar

I'm thinking that's more of an idle threat from what I've been able to find information wise. The DAC is supposed to be there as a reference tool as to a driver's work history, accidents etc. It does appear as if several companies have been able to abuse the DAC and use it against drivers though and it's very hard for the driver to fight back against the claims at times. I wish I had better advice to give but there isn't much information that specifically addresses your situation. Although, I would think that a financial obligation like that would be more prone to wind up on your credit report.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

Rainy D.'s Comment
member avatar

That was my thought... you never were an actual employee.....so how can they report you. Plus the bonding issue? My credit sucks. That doesn't mean in can't drive freight. Send him a "fair credit protection act letter" you can find online and agree to pay $5 per month. As long as u r paying something there is really nothing they can do. In the event a company questions it you can prove "hey I'm trying and keeping my promise." My initial reaction would have been to the guy "go ahead their trainers sucked so I'll never get my cdl anyway. Now what?" But I'm a ***** hahhah

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Gunner's Comment
member avatar

It's a scare tactic. The person calling you isn't an actual attorney ( he would have to tell you if he was ). He's basically just a salesmen working for a law firm on commission. His job is to scare you into paying so he can get his cut. Read up on Fair Debt Collections Act. Ton of information on there if you are being harassed by debt collectors. Provides info on what they can and can not do.

The Chad's Comment
member avatar

Thanks everyone, I guess I will just make small payments to keep them off my back

ProudArmyMom's Comment
member avatar

I was told yesterday you can tell the creditor(s) to stop calling & harassing you. Cease & desist lol? Since you are aware of the problem, the phone calls definitely don't help the situation

Tractor Man's Comment
member avatar

Army Mom.........You're back! How is school going?

The Chad's Comment
member avatar

Putting a comment just to get this to the top of the heat, so I can get more input. Thanks

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