When freight charges go unpaid, most people focus on whofailed to pay. In practice, disputes over freight charges are usually decided by something far less dramatic: paperwork.

Long before a lawsuit is filed or a demand letter is sent, key documents have already shaped the legal landscape. In many cases, those documents determine whether payment can be enforced — or quietly written off.

Here are eight documents that frequently determine the outcome of unpaid freight disputes, and why each one matters.

1. The Bill of Lading

The bill of lading is more than a shipping form. It is often the primary contract of carriage, and courts routinely look to it first when deciding freight-charge disputes.

Among other things, the bill of lading can establish who accepted the shipment, who agreed to pay freight charges, and whether any limitations or conditions apply. Even where parties rely on separate agreements or understandings, the bill of lading often controls once a dispute reaches litigation.

2. Broker–Carrier Agreements

Broker–carrier agreements govern the relationship between the broker and the carrier. They typically address rates, payment timing, and allocation of risk between those two parties. These agreements often define when invoices may be submitted, how disputes must be raised, and what remedies are available if payment is delayed or withheld.

3. Rate Confirmations

Rate confirmations play an important but narrow role. They confirm the agreed price for a specific load and outline load-level terms, but they rarely override broader contractual or statutory obligations.

When disputes arise, rate confirmations are best understood as supporting documents — not as standalone determinations of who ultimately bears responsibility for payment.

4. Invoices and Payment History

Invoices and payment records often provide powerful evidence. A consistent invoice history with no timely objections may support arguments that the charges were accepted as valid and undisputed.

In freight disputes, silence matters. When invoices are received and not challenged, courts may infer agreement to the charges and their accuracy.

5. Proof of Delivery

Proof of delivery is frequently treated as routine until it becomes missing or contested. When available, a POD confirms that transportation was completed and that the shipment was accepted.

In many cases, the POD quietly establishes that the carrier fully performed its obligations, which significantly undercuts later nonpayment defenses.

6. Emails and Informal Communications

Some of the most damaging evidence in freight disputes comes from informal emails. Statements such as “we’re working on payment” or “the broker should be paying this” may seem harmless at the time, but they often function as acknowledgments of the debt or responsibility for resolving it.

Courts regularly consider these communications when assessing liability and credibility.

7. Credit Applications and Onboarding Documents

Credit applications are frequently overlooked, yet they can be decisive. These documents may identify the party responsible for payment, contain personal or corporate guarantees, or include provisions governing venue, interest, and attorneys’ fees.

When properly drafted, credit applications can dramatically improve a creditor’s leverage in a dispute.

8. Silence After a Formal Demand

What does not appear in the record can be just as important as what does. Failure to respond to a formal demand for payment may support claims such as account stated or waiver and can weaken later defenses.

Ignoring a demand letter rarely improves a party’s position and often strengthens the opposing case.

Concluding Thoughts

Unpaid freight disputes are rarely decided by a single issue or document. They are decided by the overall documentary record — who agreed to what, who accepted performance, and who failed to object when payment was demanded.

Understanding which documents carry legal weight, and how they work together, often determines whether a freight charge can be recovered or quietly lost.

Edgar Davison, Esq. is a transportation and commercial litigation attorney and the founder of Davison Law Firm. His practice focuses on unpaid freight charges, broker defaults, consignee and shipper liability, and complex commercial disputes arising in the transportation and logistics industry. He represents motor carriers, brokers, shippers, and logistics companies nationwide.

Mr. Davison is licensed in Tennessee, Arkansas, and Mississippi and regularly handles freight-charge matters across multiple jurisdictions.

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