Skip to main content
Matthew Aulin Crist

Matthew Crist’s Answers

624 total


  • Attorney fees?

    Matthew’s Answer

    If they breached the contract, you would most likely not be ordered to pay their attorney's fees. You should hire an attorney to review the contract and the facts because there may be more details.

    Good luck.

    See question 
  • Does an eviction notice expire

    Matthew’s Answer

    Unfortunately, at this point, no one can really give you a certain answer. You should try to do everything by the book and see how your local court will handle the case.

    If the holdover tenant has not remedied the breach since the notice was sent, I see no good argument that you need to do another notice. Engage a local attorney to try to evict and see how it goes.

    Best of luck!

    See question 
  • Just met neighbor says they had a shared well with the previous owner but it was turned off in Oct. Can they sue?

    Matthew’s Answer

    It depends on if an easement or another right of access was created for access to the well and it depends on the deed conveying the property to you. If you are concerned enough, you can bring your documents to a nearby attorney and pay for a review.

    Also, I guess it is possible you could grant access so your neighbor is not cut off.

    See question 
  • Can I sue Facebook for discrimination and failure of legal action, that could result in death?

    Matthew’s Answer

    It depends on the evidence you have and the types of false claims made about you. You should engage an attorney who can review the matter for you and give you an honest assessment.

    See question 
  • Can I civilly sue my probation officer for pressing false charges against me? I was able to take the DOC policy wit me.

    Matthew’s Answer

    Your claims are highly fact specific and have to do with whether the agent acted with malice to harm you, personally. If you have no evidence of that personal malice, it is very unlikely you will get very far with your action.

    See question 
  • Libel or slander suit?

    Matthew’s Answer

    I'm sorry that you are faced with this situation. It is quite likely you are able to engage an attorney to successfully encourage that party to cease their defamation and possibly to bring an action in court to sue them for defamation.

    Defamation actions generally face great difficulties because the precise wording of the statements and their implications must be analyzed both for their truthfulness and for their impact on the listener to determine whether they are defamatory or merely opinion.

    You should reach out to an attorney who has practiced defamation law to get an evaluation of your actual case.

    I wish you well and hope you are able to successfully stop this abuse against your business.

    See question 
  • Falsifying a sign on bonus? Do I have a case.

    Matthew’s Answer

    Generally speaking, the sign on bonus should be honored, yes. However, this question is extremely fact-specific and is dependent upon the signed documents, if any, and the discussions surrounding your agreement to work. If what you say is accurate, the sign-on bonus would most likely be a material part of your agreement to work for the employer.

    If they refuse to pay the bonus, you should contact an attorney to see whether you have recourse.

    See question 
  • Can I represent a property owner in court in Virginia?

    Matthew’s Answer

    An LLC or similar entity can be represented by a non-attorney agent in extremely limited circumstances. But a business entity must be represented by an attorney to make arguments to a court, to file pleadings, and to issue subpoenas (and many, many other things).

    You would be violating prohibition against the unauthorized practice of law (a misdemeanor) if you file certain documents for the entity.

    In short, it is best to get an attorney up front so the attorney is familiar with the case when it ultimately goes to trial. Otherwise, you will probably have to pay extra to have an attorney enter the case late and rush to get caught up.

    See question 
  • How do I go about suing for either malicious prosecution or defamation?

    Matthew’s Answer

    This is an extremely disheartening situation. When someone abuses the legal system like this, it must be remedied.

    You should engage a local attorney who handles defamation to evaluate your case. Also consider going to the magistrate to report, what appear to be, multiple crimes she committed.

    Good luck.

    See question 
  • What is the process I have to follow if my tenant refusing to pay the rent?

    Matthew’s Answer

    The previous answer is correct; you'll need to go through the eviction process. It is a process most people find very helpful to have an attorney take care of the details because if you do it wrong, you could delay the eviction by a month or two.

    Also, there are some new wrinkles caused by the COVID pandemic.

    Contact an attorney familiar with landlord-tenant disputes to review your Lease and advise you.

    See question