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BMC-84 broker bonds and claims for unpaid loads

Updated

A BMC-84 is the surety bond a freight broker files with FMCSA. A broker can file a BMC-85 trust agreement instead, and either way the required security is $75,000. When a broker won't pay for a load, you can claim against that bond.

At a glance

BMC-84
Surety bond for a broker or freight forwarder
BMC-85
Trust agreement for a broker or freight forwarder
Security required
$75,000
Bond cancellation form
BMC-36
New broker financial rules
In effect since January 16, 2026

The FMCSA forms behind a broker's bond

Five FMCSA forms come up when a load goes unpaid or a policy lapses.

Form What it is
BMC-84 The surety bond a broker or freight forwarder files
BMC-85 A trust agreement a broker or freight forwarder can file in place of a bond
BMC-36 The form that cancels a bond
BMC-91X Your insurer's filing for your own liability coverage
BMC-35 Your insurer's notice that it's cancelling your liability coverage

The $75,000 is the security amount FMCSA requires, separate from any application fee. New financial responsibility requirements for brokers and freight forwarders took effect January 16, 2026. They don't change the liability minimum for carriers.

Before you file a claim

Make sure the broker is late. Each broker sets its own terms and its own start point.

C.H. Robinson and TQL list 28 days. Arrive Logistics counts 30 days from receipt of all required documents, and Spot counts 30 days from when it receives your paperwork.

Read the pay terms in your rate con and broker agreement too. BNSF Logistics' terms pay when its customer pays unless you agree otherwise in writing, and they say it tries to pay within 30 days of your invoice. Werner's standard terms let it hold payment on disputed claims.

If the terms have run out with everything submitted, work through the unpaid load steps before a bond claim.

Deadlines in broker terms

Some brokers' terms cut off what you can collect.

Broker Deadline in its terms
Werner Invoices sent more than 180 days after delivery are waived
Flock Freight Payment is forfeited if delivery documents aren't sent within 90 days
Cornerstone Systems Documents due within 60 days of delivery. Payment lawsuits within one year
Circle Logistics Invoices within 180 days, in its 2018 carrier packet

Check your own broker agreement for the same kinds of limits before you wait any longer.

What to have ready

Back a bond claim with the rate con and proof of delivery, along with the other papers brokers' own pay terms ask for:

  • The signed rate con for the load
  • The signed bill of lading (BOL)
  • Proof of delivery (POD)
  • Your invoice, matching the load
  • Lumper and other receipts

Hold on to all of it, and don't send the broker more paperwork until you know why it hasn't paid.

If you factored the load

Your factoring company may carry some of the loss. BasicBlock's page says broker non-payment isn't the carrier's responsibility under its non-recourse factoring. Porter Freight Funding's non-recourse covers broker bankruptcy or insolvency, and Outgo's covers a broker that defaults or can't pay.

Under recourse factoring, the unpaid invoice comes back to you. One owner on the forums warned that no factoring contract is fully non-recourse, so read yours before you count on it. See recourse vs non-recourse factoring for more.

Check the next broker before you haul

Direct Freight's Enhanced and Professional plans show broker credit scores and days to pay, and Trucker Path lists both too. Of the 43 factoring companies in the factoring directory, 26 advertise free broker credit checks.

Look up the broker first. The broker check shows a broker's authority, its bond or trust fund and any bond cancellation on file before you book. Broker check

Frequently asked questions

What is a BMC-84 bond?

It's the surety bond a freight broker or freight forwarder keeps on file with FMCSA, and the one you claim against when a broker doesn't pay. A trust agreement on Form BMC-85 can stand in for it.

How much is a freight broker bond?

$75,000, whether the broker files a BMC-84 bond or a BMC-85 trust. Any application fee is a separate cost.

Can I claim against a broker's bond for an unpaid load?

You can, once the payment is late under the broker's own terms. Back the claim with your rate con and proof of delivery.

What is a BMC-36?

It's the form that cancels a bond, and a cancellation on file shows up in the broker check.