Broker Didn’t Pay? How BMC-84 Bond Claims Work
If a broker does not pay for a load, you can claim against its $75,000 BMC-84 surety bond or BMC-85 trust fund, which 49 CFR 387.307 requires of every FMCSA-registered property broker. Since January 16, 2026, the surety must report payments that drop the bond below $75,000, and FMCSA then moves to suspend the broker’s authority within 7 business days.
By TruckerStack Editorial, AK Digital Marketing LLC · Published 2026-11-05 · Updated 2026-11-05 · checked against the official sources cited · Editorial policy · Not insurance, legal or financial advice.
What the federal rule requires (49 CFR 387.307)
| Rule | Requirement | Section |
|---|---|---|
| Security amount | $75,000 surety bond (BMC-84) or trust fund (BMC-85); FMCSA will not register a broker without it | 387.307(a) |
| Trust fund assets | Cash, irrevocable letters of credit from a federally insured depository institution, or Treasury bonds, liquid within 7 calendar days | 387.307(b) |
| Cancellation | Only on 30 days’ written notice to FMCSA (Form BMC-36 for bonds) | 387.307(d)(2)(i) |
| Surety must notify FMCSA | Within 2 business days of a payment or determination that drops the bond/trust below $75,000 | 387.307(e)(1), (e)(4) |
| Broker’s response window | 7 business days to respond to a claim before the surety may treat it as valid; 7 business days after FMCSA’s notice before suspension | 387.307(e)(1)(ii), (e)(5)-(6) |
| After financial failure | FMCSA posts notice in the FMCSA Register; the surety must accept claims for 60 calendar days after that notice | 387.307(f)(4) |
| Surety penalty | A surety that breaks the rules can be barred from filing broker instruments for 3 years | 387.307(g)(1) |
Updated 2026-11-05. Source: 49 CFR 387.307 (eCFR; section effective January 16, 2026; amended 91 FR 45661, July 21, 2026). Bankruptcy filings under Title 11 are excluded from the immediate-suspension trigger (387.307(e)(2)).
Step by step: when a broker is past due
- Check the broker first: look up its MC or USDOT number in our DOT/MC lookup to confirm it is an active broker, and note its bond/trust filing on FMCSA’s Licensing & Insurance site.
- Send a written demand with the rate confirmation, signed BOL/POD and invoice. Keep copies; the surety will want them.
- File with the surety named on the broker’s BMC-84 (or the trustee on a BMC-85). The broker then has 7 business days to respond to the claim’s validity (387.307(e)(1)(ii)).
- Watch the FMCSA Register: if the broker is in financial failure, claims are accepted for 60 calendar days after FMCSA’s public notice, so file early.
- Remember the size of the pot: the bond is $75,000 in total, not per claim. When many carriers claim against a failed broker, payouts can be limited.
If you factor: who owns the claim?
When you factor, you sell the invoice and the factor sends the broker a notice of assignment. Under UCC §9-406(a), once the broker receives an authenticated notice that payment is to be made to the assignee, it can discharge the debt only by paying the factor, not you. So the factor is usually the party chasing payment.
- Non-recourse: if the contract covers broker non-payment for credit reasons, the factor generally carries that loss and pursues the bond. Read the exact covered events.
- Recourse: the factor can charge the invoice back to you, and you may end up filing the bond claim yourself.
- Ask whether the factor runs credit checks on brokers before you book; many do, and it is the cheapest protection.
Compare contract terms in our freight factoring companies guide and price the fee with how much factoring costs.
Related
FAQ
How much is a freight broker bond?
FMCSA requires every property broker to keep a $75,000 surety bond (BMC-84) or trust fund (BMC-85) in effect (49 CFR 387.307(a)).
What changed for broker bonds in 2026?
Section 387.307 as effective January 16, 2026 requires sureties to notify FMCSA within 2 business days when a payment or determination drops the bond below $75,000. FMCSA then gives the broker 7 business days before suspending its authority.
How long do I have to file a claim after a broker fails?
Once FMCSA publishes the financial failure in the FMCSA Register, the surety must accept claims for 60 calendar days (387.307(f)(4)).
Can a broker pay me instead of my factoring company?
After the broker receives the notice of assignment, it can discharge the invoice only by paying the factor (UCC 9-406(a)).
Is the $75,000 per claim?
No. It is the total security required for the broker, so multiple claims share it.