Carrier and Freight Forwarder Liens: When Your Goods Are Held Hostage

If you import or export goods, you already know that every shipment involves risk. One risk that often takes business owners by surprise is when a carrier or freight forwarder asserts a lien over their goods. Suddenly, your shipment is stuck at the port or sitting in a warehouse until you resolve an unexpected bill, or worse, until you fight off a lien that was improperly claimed.

This situation can feel like your goods are being held hostage. The reality is, lien law in shipping is complex, and understanding your rights is essential to getting your products released quickly and avoiding unnecessary losses.

What Is a Carrier’s Lien?

A carrier’s lien is a legal right that allows a shipping carrier (whether by sea, land, or air) to retain possession of your goods until unpaid freight charges are paid. This lien exists to protect carriers from nonpayment, but it can also be misused, especially if there’s a dispute about charges or performance.

In Florida, and under U.S. maritime law, carriers often assert liens not only for unpaid freight charges, but sometimes for other disputed fees like demurrage, storage, or handling costs.

What Is a Freight Forwarder’s Lien?

Unlike carriers, freight forwarders act as intermediaries, arranging the transport of goods between shippers and carriers. Forwarders may also assert liens if they believe they are owed payment for services rendered.

The issue arises when a forwarder who doesn’t physically control the goods tries to hold shipments as leverage for payment. Depending on the contract and circumstances, their right to do so may be far weaker than that of a carrier.

Can Carriers or Freight Forwarders Legally Hold My Goods?

This is one of the most common questions importers and exporters ask. The answer is: sometimes yes, sometimes no.

Carriers generally have a strong lien right under federal law and maritime law. However, the lien must be tied directly to the shipment at issue. Carriers cannot indefinitely hold unrelated shipments to cover other debts unless the contract specifically allows it.

Freight forwarders, on the other hand, often have more limited rights, and courts scrutinize their lien claims closely. If your forwarder is improperly blocking release of your goods, you may have strong legal grounds to challenge it.

What To Do if Your Goods Are Being Held Hostage

If your goods are being withheld due to a lien claim, here are the immediate steps to take:

1. Review Your Contract: Check the bill of lading, service agreements, or invoices to confirm what charges are owed and whether lien rights were contractually expanded.
2. Verify the Charges: Are the charges legitimate? Carriers and forwarders sometimes include disputed or inflated costs as a pretext for holding goods.
3. Negotiate, But Don’t Overpay: Quick negotiations may free up your shipment faster, but be cautious. Overpaying a disputed claim can set a bad precedent for future dealings.
4. Seek Legal Intervention: If the lien is improper or abusive, your attorney can file an action in court to compel release of the goods or challenge the validity of the lien. Courts in Florida recognize that improper assertions of liens can be damaging to businesses and take these claims seriously.

What Are My Legal Remedies?

If a lien is wrongfully asserted, you may pursue:

• Injunctions to release your goods.
• Damages claims for losses suffered due to the wrongful detention of your cargo.
• Declaratory relief clarifying that no lien exists.

In maritime cases, you may also have federal remedies under admiralty law, depending on whether the shipment involved ocean transport.

How to Prevent Carrier or Freight Forwarder Lien Problems

Prevention is often less costly than litigation. Businesses can protect themselves with:

• Well-drafted contracts that clarify payment obligations and limit lien rights.
• Clear communication with carriers and forwarders about payment timelines.
• Regular audits of shipping invoices to catch overcharges early.

If you deal with high-volume or international shipments, working with a business litigation attorney familiar with logistics and maritime law can save you from costly disputes down the road.

Need Legal Help With a Freight or Shipping Dispute?

Having your goods stuck in limbo because of a carrier or freight forwarder lien can cause serious disruption to your business. While carriers do have legal lien rights, those rights are not unlimited, and forwarders’ claims are often weaker than they appear. Knowing where the law draws the line is key to protecting your business.

If your goods are being withheld or you’re facing disputes with a carrier or freight forwarder, contact one of our experienced business litigation attorneys in Miami at 305-570-2208.

You can also reach our founding attorney, Eduardo A. Maura, directly at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].