Promissory Note

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Chief Brody's Comment
member avatar

Z.M.,

I'll give you some insight as to the Promissory Note, which will help explain your difficult situation.

A Promissory Note is a negotiable instrument, which means your obligation to pay is not conditioned on anything that Stephen Davis did or didn't do. And as a negotiable instrument, they can be bought and sold. For example, I could buy the promissory note from Stephen Davis and then sue you to force you to pay me the $4,000. You can't defend your obligation to pay me the money because Stephen Davis failed to fulfill his obligation to you. You still owe me the money.

So, what does that mean for you? First, it gives you some idea of the type of person you're dealing with. He had you sign a promissory note, which gives him more leverage than a simple contract. If he sued you on the Promissory Note, I don't know, without doing some research, if the judge would even listen to your complaints. He would probably direct you to get legal counsel.

That is your second problem. Attorneys are expensive. It would probably cost more than $4,000 dollars in attorney fees to enforce/defend any action on the Promissory Note. But, while Mr. Davis, was savvy enough to have you sign a Promissory Note, he made it payable to corporate entities. As a general rule corporate entities must have an attorney represent them in court. Thus, you have some leverage in the fact that he would have to hire an attorney to collect on the Promissory Note.

Bottom line:

1. You owe the money and there is little chance you can avoid paying it.

2. Even if you hire an attorney, who "won the case" for you, you might end up owing your attorney $4,000.

Good luck.

OWI:

Operating While Intoxicated

Banks's Comment
member avatar

In my experience, FedEx ground contractors are scumbags and the FedEx ground dispatchers aren't much better.

FedEx ground contractors run that way for a reason. It's all about the money. They get paid twice in different ways

1) the per mile rate. This covers expenses like payroll and equipment. This is how you get your money

2) the bonuses. This is where the contractor makes their money. Bonuses are paid out based on a percentage of success. They have to be successful 9x% of the time. That's why they can't stop.

There are contractors that will deduct a lost bonus from the drivers pay. It happened to me when I was delivering packages for ground.

During COVID, FedEx ground contracted FedEx freight to help them with their linehaul runs because they couldn't keep up with the online orders. I was able to dish it back to their dispatchers and it felt so good.

My first day running linehaul for ground, they made me wait 4 hours for a load. When they finally had something for me, it was too long for me to get done on my available drive time. They insisted it was all they had and I calmly told the dispatcher "I've been here for 4 hours. I'm going to sit in my truck for another 30 minutes and if you don't have anything for me by then I'm going home and you're only getting those extra 30 minutes because I'm getting paid to sit here". Her response was "you can't do that". I told her "guess we'll find out in 30 minutes". After those 30 minutes I went back inside to see if they had anything closer, they did not so I called Central dispatch told them to put down 4.5 hours of delay pay and set up my trip back home and they did.

The next day that same dispatcher had a trip ready for me when I got there and I didn't even have to wait in line.

The moral of the story is don't work for ground contractors. They suck and so do their dispatchers.

Linehaul:

Linehaul drivers will normally run loads from terminal to terminal for LTL (Less than Truckload) companies.

LTL (Less Than Truckload) carriers will have Linehaul drivers and P&D drivers. The P&D drivers will deliver loads locally from the terminal and pick up loads returning them to the terminal. Linehaul drivers will then run truckloads from terminal to terminal.

Dispatcher:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

TWIC:

Transportation Worker Identification Credential

Truck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card.

Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Z M.'s Comment
member avatar

I looked at the safe web info. This company has an active DOT number but is currently not authorized to have those trucks on the road. His update of his mileage looks normal. We have to file a yearly statement of mileage.

The red flag to me is the fatal crash listed. My guess dealing with FMCSA is he ran into insurance issues after that crash occurred and they have temp. suspended his operating authority. Just a guess by what is shown there.

I would be very concerned if he is running trucks without approval from FMCSA.

I have no idea regarding the promisary note, that is best left to an attorney.

No matter how you look at this situation, it looks like a huge mess.

What do you mean by all this? So he shouldn't even have trucks on the road? He is contracted under fed ex and has trucks in Greensboro and Charlotte nc, Florida and Marietta Georgia

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

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.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Z M.'s Comment
member avatar

Z.M.,

I'll give you some insight as to the Promissory Note, which will help explain your difficult situation.

A Promissory Note is a negotiable instrument, which means your obligation to pay is not conditioned on anything that Stephen Davis did or didn't do. And as a negotiable instrument, they can be bought and sold. For example, I could buy the promissory note from Stephen Davis and then sue you to force you to pay me the $4,000. You can't defend your obligation to pay me the money because Stephen Davis failed to fulfill his obligation to you. You still owe me the money.

So, what does that mean for you? First, it gives you some idea of the type of person you're dealing with. He had you sign a promissory note, which gives him more leverage than a simple contract. If he sued you on the Promissory Note, I don't know, without doing some research, if the judge would even listen to your complaints. He would probably direct you to get legal counsel.

That is your second problem. Attorneys are expensive. It would probably cost more than $4,000 dollars in attorney fees to enforce/defend any action on the Promissory Note. But, while Mr. Davis, was savvy enough to have you sign a Promissory Note, he made it payable to corporate entities. As a general rule corporate entities must have an attorney represent them in court. Thus, you have some leverage in the fact that he would have to hire an attorney to collect on the Promissory Note.

Bottom line:

1. You owe the money and there is little chance you can avoid paying it.

2. Even if you hire an attorney, who "won the case" for you, you might end up owing your attorney $4,000.

Good luck.

I'm not so much worried about paying him back, I'm just wondering ifnhe can come at me for more or block me from going somewhere else, I'm not that kind of person to skip out on a debt I am greatful of school and what not but don't think I want to run a year for him under fedex

OWI:

Operating While Intoxicated

Z M.'s Comment
member avatar

In my experience, FedEx ground contractors are scumbags and the FedEx ground dispatchers aren't much better.

FedEx ground contractors run that way for a reason. It's all about the money. They get paid twice in different ways

1) the per mile rate. This covers expenses like payroll and equipment. This is how you get your money

2) the bonuses. This is where the contractor makes their money. Bonuses are paid out based on a percentage of success. They have to be successful 9x% of the time. That's why they can't stop.

There are contractors that will deduct a lost bonus from the drivers pay. It happened to me when I was delivering packages for ground.

During COVID, FedEx ground contracted FedEx freight to help them with their linehaul runs because they couldn't keep up with the online orders. I was able to dish it back to their dispatchers and it felt so good.

My first day running linehaul for ground, they made me wait 4 hours for a load. When they finally had something for me, it was too long for me to get done on my available drive time. They insisted it was all they had and I calmly told the dispatcher "I've been here for 4 hours. I'm going to sit in my truck for another 30 minutes and if you don't have anything for me by then I'm going home and you're only getting those extra 30 minutes because I'm getting paid to sit here". Her response was "you can't do that". I told her "guess we'll find out in 30 minutes". After those 30 minutes I went back inside to see if they had anything closer, they did not so I called Central dispatch told them to put down 4.5 hours of delay pay and set up my trip back home and they did.

The next day that same dispatcher had a trip ready for me when I got there and I didn't even have to wait in line.

The moral of the story is don't work for ground contractors. They suck and so do their dispatchers.

See he doesn't even do retention pay, and when the hot season starts in November, all the guys with dedicated runs end up losing their runs to seasonal people and then they run bull****, my friend who worked for Steve told me about it

Dedicated Run:

A driver or carrier who transports cargo between regular, prescribed routes. Normally it means a driver will be dedicated to working for one particular customer like Walmart or Home Depot and they will only haul freight for that customer. You'll often hear drivers say something like, "I'm on the Walmart dedicated account."

Linehaul:

Linehaul drivers will normally run loads from terminal to terminal for LTL (Less than Truckload) companies.

LTL (Less Than Truckload) carriers will have Linehaul drivers and P&D drivers. The P&D drivers will deliver loads locally from the terminal and pick up loads returning them to the terminal. Linehaul drivers will then run truckloads from terminal to terminal.

Dispatcher:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

TWIC:

Transportation Worker Identification Credential

Truck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card.

Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Anne A. (and sometimes To's Comment
member avatar

double-quotes-start.png

I looked at the safe web info. This company has an active DOT number but is currently not authorized to have those trucks on the road. His update of his mileage looks normal. We have to file a yearly statement of mileage.

The red flag to me is the fatal crash listed. My guess dealing with FMCSA is he ran into insurance issues after that crash occurred and they have temp. suspended his operating authority. Just a guess by what is shown there.

I would be very concerned if he is running trucks without approval from FMCSA.

I have no idea regarding the promisary note, that is best left to an attorney.

No matter how you look at this situation, it looks like a huge mess.

double-quotes-end.png

What do you mean by all this? So he shouldn't even have trucks on the road? He is contracted under fed ex and has trucks in Greensboro and Charlotte nc, Florida and Marietta Georgia

It looks like he should not. Whats his affiliation with Pit Bull Express??

If you remember to, get his DOT # off a tractor of his, and share it here.

Go to the link I attached. Look at the bold red letters, upper left, in the chart /spreadsheet.

PJ is an owner op himself, but that Saferweb info is public; many of us access it freely.

Since you are up & free for the moment, go have a look see. Bold red letters.

Good luck, man.

~ Anne ~

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

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.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Banks's Comment
member avatar
See he doesn't even do retention pay, and when the hot season starts in November, all the guys with dedicated runs end up losing their runs to seasonal people and then they run bull****, my friend who worked for Steve told me about it

Contractors don't pay detention pay and I work for FedEx directly. I have no interest in dealing with contractors.

As for the seasonal stuff, I don't know anything about that because it's a contractor issue and it'll vary contractor to contractor.

Dedicated Run:

A driver or carrier who transports cargo between regular, prescribed routes. Normally it means a driver will be dedicated to working for one particular customer like Walmart or Home Depot and they will only haul freight for that customer. You'll often hear drivers say something like, "I'm on the Walmart dedicated account."

Z M.'s Comment
member avatar

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

I looked at the safe web info. This company has an active DOT number but is currently not authorized to have those trucks on the road. His update of his mileage looks normal. We have to file a yearly statement of mileage.

The red flag to me is the fatal crash listed. My guess dealing with FMCSA is he ran into insurance issues after that crash occurred and they have temp. suspended his operating authority. Just a guess by what is shown there.

I would be very concerned if he is running trucks without approval from FMCSA.

I have no idea regarding the promisary note, that is best left to an attorney.

No matter how you look at this situation, it looks like a huge mess.

double-quotes-end.png

double-quotes-end.png

What do you mean by all this? So he shouldn't even have trucks on the road? He is contracted under fed ex and has trucks in Greensboro and Charlotte nc, Florida and Marietta Georgia

double-quotes-end.png

It looks like he should not. Whats his affiliation with Pit Bull Express??

If you remember to, get his DOT # off a tractor of his, and share it here.

Go to the link I attached. Look at the bold red letters, upper left, in the chart /spreadsheet.

PJ is an owner op himself, but that Saferweb info is public; many of us access it freely.

Since you are up & free for the moment, go have a look see. Bold red letters.

Good luck, man.

~ Anne ~

265752 is the DoT number on the side of the truck

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

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.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
George B.'s Comment
member avatar

That is the DOT number for fedex ground.

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.

PJ's Comment
member avatar

Ok so he is running under FedEx’s DOT authority. Probably because he had his insurance cancelled after that fatal crash.

My guess is this guy is not the most reputable and running his operation on a shoestring. I base that statement on running trucks with broken a/c and pushing drivers. I have known small guys do that and there equipment overall is generally junk and they don’t stay in business very long.

I could be wrong about this guy, just making an observation based on things I have seen in the past.

I had a guy approach me about leasing onto him. He bought a small company and has no experience in trucking. He had no idea what needed done and after speaking with him I declined his offer. He got some local contracts when he bought the company and needd drivers, which he has a hard time finding. The ones he does have are not the best. No way in the world I would work for a outfit like this.a

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.

EPU:

Electric Auxiliary Power Units

Electric APUs have started gaining acceptance. These electric APUs use battery packs instead of the diesel engine on traditional APUs as a source of power. The APU's battery pack is charged when the truck is in motion. When the truck is idle, the stored energy in the battery pack is then used to power an air conditioner, heater, and other devices

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