That post I promised.

[docwebster]

EDIT: We've got it! Holy Jesus on a pogo stick, we got it! Mind, if nobody minds I'd kind of like to keep the donation lines open until tomororow morning Just In Case.

The short form is once and for all Herself and I have once and for all learned the lesson never, ever trust automatic withdrawal for rent payments.

The long form is this. Thanks to ACH fscking things up royally between the bank and Jacobs Realty, they and the owner of this building are in between a rock and a hard place on this and while they buy the explanation of what happened, the rent payments can't be accounted for and so we have basically until the close of business on Monday to at least come up with a "good faith" payment on the amount owed orrr we basically get a rerun of what happened in 2008 on Tuesday morning at 9. So yeah, from now on cashier's checks only. Also, once the proof from ACH shows up that the money was paid out and thus should be in the Jacobs account at which point if becomes their problem in total, we get the good faith payment back or can apply it toward future rent. We can probably do this on our own if need be. But it would pretty much cripple us financially for the rest of the month.

So with a major league deadline like this and the possibility of losing pretty much everything I have that keeps me debatably sane looming over my head like a certain sword, I not only need to get that battered old hat out, I need to ask you to boost the signal for me, far and wide. The problem is fixable. I'm just under a severe deadline here and I could use all the help I can get to clear this last hurdle. Thanks in advance and have a good one.

Comments

[rosefox]

How much do you need in total?

[docwebster.livejournal.com]

Well, in total I think he said like a couple months and lates. If we can come up with it all, great. But all we really apparently need is decent "good faith" payment and that I'll find out from him Monday morning how much that is. I just didn't think it would be too bright to wait until then to start, you know? But yeah, ACH is a complete nightmare for payments on anything. Lesson well and truly earned. But once they have that, the count doesn't show up and all is well. He's really a great guy and is working with us on this, thankfully.

[djm4]

Have donated. Hope it helps.

[unixronin.livejournal.com]

And, one assumes, if ACH CANNOT come up with proof that the money was paid out, then they bloody well need to account for where it went....?

[docwebster.livejournal.com]

Precisely. But I cannot even encompass that what happened almost three years ago will happy on Tuesday morning again if we can't pull this off.

[lizzibabe.livejournal.com]

Was it Jacob's Realty's ACH company, or did you have your bank withdraw the funds as ACH?

[lizzibabe.livejournal.com]

Ok, babydoll, I've sent you some bucks.

Here's where i put on my bankers hat: All ACH payments are handled by third party processing companies. The one involved was either employed by Jacob's Realty, or by your own bank. The way you know is whether or not you logged into your own bank to send the funds to Jacob's Realty, or whether you gave your Routing Number & Checking Account Number directly to a Jacob's Realty rep.

If employed by Jacob's Realty, then a Jacob's Realty manager needs to contact their ACH processing company and raise holy hell for funds that have been withdrawn but not posted to the correct account. Trouble is, you wont' be able to do this. :-(

I hope this helps, dear one! [HUGS]

[ladycygnet.livejournal.com]

Shouldn't copies of your bank statement reflect that you had money withdrawn from your account each month? Are they not taking bank statements as proof of payment?

[docwebster.livejournal.com]

The problem is that they only seem to appear in the "memo" portions of the given records, and then disappear from the history entirely. Somewhere between that memo aka when it left our bank and would get to theirs, they went poof. Which means they never actually got the money and according to their bean counter means we have no record of paid rent. Or something like that. The end result is that we're in the situation we're in and I need to get this solved or I stand to lose everything.

[wild-irises.livejournal.com]

Here from kshandra and the Paypal button doesn't take me directly to a page for you, so I can't find the email address to send a little help to. What is it?

[docwebster.livejournal.com]

tigermask5 at mchsi dot com

[wild-irises.livejournal.com]

Sent. Good luck.

News Stations

[http://users.livejournal.com/_twilight_/]

Sometimes they can do something, and there would be a good "This could happen to you!" story in it for them:

ABC 17
(573) 449-1700

KOMU Contact Numbers:
http://www.komu.com/KOMU/9b0e8598-80ce-18b5-0074-0914a696576e.html

KRCG
573-896-5144

[firebirdgrrl.livejournal.com]

Sent something-between monies right now, wish was more. Hope it helps!

ETA: Did signal boosting too. Thinking of y'all.

[adjectivegail]

adjectivemarcus and I have donated, and I've signal boosted. All the best to you both.

[itskoi.livejournal.com]

It'd be lovely if there was a way to show how much was still needed. . .I don't know if you can do that, like those thermometers some sites have. Are you going solely on your online statements? The print ones sometimes differ greatly. (Might have more information on them)

[lizardling.livejournal.com]

This. I have no idea how much y'all still need.

[docwebster.livejournal.com]

Edited with current total. Holy crap.

[lizardling.livejournal.com]

:)

[docwebster.livejournal.com]

Thanks, sweetie. Long time no talk to.

[docwebster.livejournal.com]

Edited with current total. Holy crap.

Here via Rosefox and the Saveours00j page

[mamaduckers.livejournal.com]

Unfortunatly I have nothing to offer except some advice. Not a lawyer, and not legal advice.
Eviction is a legal order, from a judge, generally following a court case. If your friends have not gone to court, and a judge has not ordered an eviction, and the sherrif has not posted a notice on their door, or hand delivered/served them, they can not be forced out tomorrow, or any day. Their lawyer should have told them that.
If they have a court ordered eviction pending, their only course of action now, is to contact the courts, and ask for a stay, based on the fact that it's the bank's screw up, and show them the proof. Then, your friends file suit against the bank, for legal fees to fight the eviction, for breach of contract.
Sending positive energies for the best possible outcome in this issue. Regardless of how it happened, it sucks and I am sorry.

Re: Here via Rosefox and the Saveours00j page

[zandperl.livejournal.com]

I was wondering about this too, but the OP does not specify in his post whether Tuesday is when the landlord is going to apply for an eviction order, if it's when the eviction order will be delivered, or if it is when it will be enacted (I.e, Tues is when the sherrif shows up ready to make arrests of anyone still on the premises). Also, the amount of time between these events can vary greatly by state, and in some states physically evicting the tenant with help of a sherrif is not possible.

So my point is that we cannot tell from the info given exactly how date-sensitive this problem is.

Re: Here via Rosefox and the Saveours00j page

[mamaduckers.livejournal.com]

According to the profile page, OP is in Mo, as am I. I worked for nearly 10 years, for a property management company. I can tell from personal experience, that if the landlord is FILING eviction on Tuesday, teh OP has at least 45 days to make good on the amount due, and will still have an opportunity to appear in court, and present the judge with any and all evidence of payment deducted by the bank. Though, the ll can, and likely would drop the case, once evidence and proof of payment are made.
if eviction has already been ordered and scheduled, the sherrif will be there in the morning to remove them from the property.

Makes ya wonder

[disgruntledgrrl.livejournal.com]

Did the bank send -any- rent over or are there other people in the same spot as you which is why the owner's in such a jam.
I boosted and I'm glad to report that before I did - 2 of my friends already boosted your signal.


PAPERTRAIL. If there is no paper trail - it did not fucking happen.
Because this has happened to you, I'm printing out my monthly statements for my safe even though I get email notices that I auto route to a Bank folder.

Re: Makes ya wonder

[lizzibabe.livejournal.com]

Yes. this. because sometimes the email notices are little more than "Your Statement is Available for Viewing. Click Here to Login." the bank i work for only keeps those available for three months, and the online banking statements for two years.

Yes, the bank can go back farther than that and print it off for you, but it won't be for free.

[darthgeek.livejournal.com]

Bless you, Doc. You've been a good friend over the years, and it sucks that you keep running into insanity like this.

Ever since a landlord decided to not cash my personal checks for months on end, I've been paying rent via money orders or cashier's checks. That way there is a confirmed paper trail and proof that I have sent payment or I have some recourse to get my money back so I can re-send payment.

[hobbitblue.livejournal.com]

here via cavalorn and rosefox, sent a few bucks, good luck getting things sorted, hope the signal boosting is having its effect.

[erika]

here via rosefox, hope you reach your goal!

[roadnotes.livejournal.com]

Here via random wandering. People were (and still are) good to Soren and me when we needed help; I'm glad to be able to able to pass some kindness on.

[curmudgn]

SamIAm pitches a few into the pot. Been times that I coulda used someone to do that for me.

[curmudgn]

Am extremely glad to hear this outcome. (Btw: it occurred to me I was more than usually obfuscated. If you see a donor from <LJusername> at <LJusername> dot net, that's SamIAm from long, long ago.

[arib.livejournal.com]

EDIT: We are at 34 lousy bucks short of the goal.

Check again. :-)

[mactavish.livejournal.com]

*like*

[lerryn.livejournal.com]

A bit late to this, but I donated anyway. Some of us old Callahanians are stil around. (Saw this via rosefox, this is Xzerrion from the old alt.callahans.)

[rikibeth.livejournal.com]

Here via shadesong. I know you say you've got it covered, and mine's just a drop in the bucket, but it sounds like you could use a peppermint mocha or a stiff drink. so that's what mine is for.

a stiff drink for doc

[http://users.livejournal.com/_duncan/]

It does me good to see that my friends have friends like you.

Re: a stiff drink for doc

[rikibeth.livejournal.com]

I've been on the receiving end myself. The understanding is "pay it forward." So I do.

[kestrels-nest.livejournal.com]

And there was GREAT REJOICING!!! This, to me, is what the internet is best at.

That said...these are ideas for your attorney. Normally, if you can prove via your bank's records that the money was paid, it's then up to the property owner to prove they *didn't* get it. I'm assuming that's already done.

Might be worth checking if your rent got credited to someone else. That money has to have gone *somewhere*.

After that, there's a dandy lawsuit/ complaint to the state Attorney General's office report to the local prosecutor or district attorney (any or all) against the company that was supposed to be handling the automatic withdrawal payments. There's a word for this kind of up-f*ckery. It's called "theft", or in legalese "conversion". And in most states, that's good for double or treble damages. I'd love to see that happen to these idiots.

Good luck, Doc.

Kestrel

[http://users.livejournal.com/_duncan/]

. . . and this should be good for a rebate of the last payment, which should help with February's rent at the nw place.