Was this a dirty underhanded trick to evict or perfectly legal?

[l989MustangSally]

I was going to post this under the landlord/tenant topic.
I live in Midvale, Utah.
My question: Is my landlord’s attorney allowed to raise the amount of money that they say is owed and then turn around and go back to the first amount as stated in the papers.

Let me explain: Due to unemployment we were late with Dec 2007 rent. $895.00. On 12-12-07 We received a 3-day notice to pay rent & comply or vacate. Total sums due: 940.00. Between the 12th and the 20th we gave them 100.00 cash. (no receipt). On 12-20-07 We received the same notice as mentioned above with total sums due 795.00 along with a letter from the landlord saying after the third day they will be turning it over to their attorney. That his fee of 550.00 will be added to the amount (795) plus any mileage/sheriff fees/collection costs that are involved.

We borrowed 1,000 from my boyfriends father, he wrote the check directly to the Landlord. She endorsed the back of it, and returned it the next day saying she can’t take it, and to contact her attorney. My boyfriend took the check to the attorney and was told he had to Bring back cash. On Jan 7,2008 I took 1,000 cash to their attorney’s office. He gave me a receipt. The balance owing was listed as ll65.00 on the receipt.

My boyfriend was working the payment arrangements etc with the attorney. I take care of the groceries and utility bills with my part time income. On Jan 18th 2008 we were suppose to pay that balance due. (unknown to me). My boyfriend’s paycheck was not enough so he snuck off to Nevada to gamble in the hopes of covering the debt. He lost it all.

Friday evening the 25th my boyfriend hands me 700.00 cash and told me I need to take it to the attorney first thing Monday (Jan 28th) morning.

I did so and the attorney refused it and told me we owe 1465.00 due by 5:00 p.m. that same day. I asked if he could take 700.00 today and the 765.00 this Friday? (my boyfriend gets paid weekly) He said no. 1465.00 or move out. There will be a sheriff today or tomorrow with an immediate eviction. I asked him if we were paying him to evict us or paying him our rent. Why had the amount increased? Was it late fees, lawyer fees? I asked if I could have a print out of the charges. I was VERY polite, he put on a rant and rave show and accused me of acting stupid. I’ve worked customer service in the past, I know that he was trying to upset me by being so very rude. He would not budge on taking partial payment.

I came home and started calling movers and getting prices for packing, boxes etc…because I thought we only had a few hours in the house before being kicked out. I also tried to get a title Loan on my car, Because it’s a 1989 and had too many miles nobody would loan on it.

Now my boyfriend decides to fill in the blanks for me, as mentioned above he confessed to loosing it all in an effort to get more. (stupid I know) and that the attorney told him (on the Friday the 25th) to bring 1465.00 or move out. When my boyfriend tried to pay the attorney with the check that was made out to the Landlord he doesn’t remember if he signed anything. I’m assuming so because the “Motion to enter judgment” that we received in the mail dated Feb 6th 2008, says it is “supported by affidavit and stipulation on file herein.” I have no idea what it is, I’m just assuming that they do. It’s my first rodeo not the attorneys.

Now here is my question… the judgment is for 1165.00 together with an immediate order of restitution to the subject premises. I do not know why he insisted we pay 1465.00 because I could of paid that amount on Monday Jan 28th 2008 before 5:00 pm.

Whew..I phoned the clerk (today) of the Judge listed on the judgment and she said I could request a hearing and that the order was already signed by the Judge. We will still be evicted.

I should of handled this myself instead of my boyfriend (he is on the lease too) and perhaps it wouldn’t of ended up this way. He deceived me by not making the payment to the attorney as agreed, and not telling me that the amount we owed was increased.

It really burns me up that we were told 1465.00 and all of the paperwork says 1165.00.

Was this a dirty underhanded trick? Or Perfectly legal? Would it be in my favor to request a hearing?

Thank you for taking the time to read this. There is actually more crap involved, I don’t think it has anything to do with the issue about the money. I would like to mention that our Landlord keeps calling us to find out what is going on because she has received no money from her attorney at all.

Thank you,
l989MustangSally

I would copy it in that other forum