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Mark S Guralnick

Mark Guralnick’s Answers

404 total


  • Summons for U.S district court Souther district of NY

    2 part question- How long does Plaintiff have to file Affirmation of Service. If the defendant is abroad and cant be served in person how long does he have to answer. Do the same rules apply as in http://www.courts.state.ny.us/courts/nyc/...

    Mark’s Answer

    Generally speaking, under Federal Rule of Civil Procedure 4, a party has 20 days to answer a Summons and Complaint, regardless of where they live. If the Plaintiff attempted to serve by mail, Rule 4 permits a Notice and Waiver provision that gives 60 days to respond. The Plaintiff must serve the Defendant within 120 days from the filing of Complaint. If service cannot be accomplished on time, the Plaintiff can file a motion for more time if there are extenuating circumstances and a good faith effort has been made to serve the Defendant. The Affidavit of Service (or other proof or acknowledgment) must be filed promptly after service is effectuated -- and as I've said 120 days is the general rule.

    If the Defendant is abroad and cannot be served, the Defendant has no obligation to answer -- none, that is, until he is served. Once served, the Defendant can request an extension of time to respond if his location makes it difficult to do so on a timely basis. A Defendant can get more time by simply asking the Plaintiff's lawyer for more time and signing a stipulation extending time, or he can petition the court for more time.

    The federal rules of civil procedure are not the same as the new york state court rules or civil court rules.

    I am licensed to practice in the U.S. District Court for the Southern District of New York. Feel free to contact me, and I'd be happy to help.

    Mark S. Guralnick, Esq.
    1-866-337-2900
    Fax: 1-800-613-2585
    msglegal@comcast.net

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  • What actions can I take against someone using pictures of me without my consent on a fake face-book account?

    This man has a grudge against me and took pictures that he had of me ( i wasn't aware of him possessing them in the first place) and made a facebook account out of it pretending to be me and writing up terrible things on that profile to destroy my...

    Mark’s Answer

    I'd recommend that you contact Facebook immediately. They have a security department that deals with these issues. If you want, you can also file a lawsuit against the person who created the false account -- provided that you suffered some real damages from it, and provided that he has money to pay damages, because it won't be worth your time if he has nothing. You can ask a judge to issue an injunction requiring him to take down the site....but Facebook officials may do all of this for you. I'd start by contacting Facebook.

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  • Child Support Calculation NJ

    My boyfriend is currently paying his ex-girlfriend child support for his daughter. We just found out that we will be expecting a baby in about 8 months. Will the birth of the child have any impact on the calculation of his child support?

    Mark’s Answer

    Yes it will. This is what is known as the "other dependent deduction" or ODD for short. When the new baby is born, your boyfriend will technically be eligible for a reduction in support for the first child -- but it can get tricky. The Court will look at all of the circumstances: How much your boyfriend makes, how much his ex makes, and it may even look at how much you make. The idea is to make sure that both children are fairly supported considering each of their parent's incomes and earning capacities.

    When you're ready to address this issue, please feel free to call us. We'll help you in the Cumberland County family court. Have a happy and healthy pregnancy.

    If you want more information about this, check out my website on New Jersey Custody Law. It’s located at www.CustodyLawyerNewJersey.com

    I’d also like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://dailycustodytip.blogspot.com/

    Mark S. Guralnick, Esq.
    (856) 983-9900
    msglegal@comcast.net

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  • Mother of my child does not want me to see the baby. what can i do?

    Our relationship is not working, we needed to be separated. Now, she will not let me see our baby. I don't want to be back with her. I want to be able to go out with my baby and take care of him for 4-5 hours or even spent the night with him. ...

    Mark’s Answer

    For starters, you need to file a Complaint for Custody or Parenting Time. This will address you right to spend time with the baby as well as overnight visitations. You're smart to act on this situation while the child is young.

    The mother may be willing to negotiate or mediate. But if you don't file something, she's not likely to take you seriously, and you won't have the force of a court order behind you.

    Feel free to call us or come into our Jersey City office. We'll help you out. (201) 804-9000 or (973) 682-9999.

    If you want more information about this, check out my website on New Jersey Custody Law. It’s located at www.CustodyLawyerNewJersey.com

    I’d also like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://dailycustodytip.blogspot.com/

    Mark S. Guralnick, Esq.
    (201) 804-9000
    (973) 682-9999

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  • Do i have to get a divorce?

    My wife and I have two children. One before we married and a newborn now that we been married for one year. She told me that she was going to give me a boy but now she says she is done having children and talking about getting her tubes tied. Is i...

    Mark’s Answer

    Absolutely. In fact, we recently handled a similar case in which a man divorced his wife of one year for the exact same reason: He wanted started a family and she misled him into believe she wanted to do so too.

    Any kind of fraudulent deception of this sort can justify an annulment action.

    Feel free to give me a call, and we'll walk you through the process. We have offices in Woodbury and Marlton. (856) 983-9900.

    If you want more information about this, check out my website on New Jersey Divorce Law at www.statewidedivorce.com

    If you want more information about custody issues, check out my website on New Jersey Custody Law. It’s located at www.CustodyLawyerNewJersey.com

    I’d also like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://dailycustodytip.blogspot.com/


    Mark S. Guralnick, Esq.
    (856) 983-9900

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  • How is ability to pay determined?

    How is ability to pay determined for: alimony (which is permanent) increase (there is a change in corsumstances) child support increase College contribution Ex claims they have no money to pay (have had an increase in income of approxi...

    Mark’s Answer

    Good question. The real issue for the judge is whether there has been a change in circumstances. If the ex has had a 50-60% increase in income, and if ten years have elapsed, you probably would have a good shot of modifying alimony, child support, etc.

    New expenses could come into play, but the prime factors are going to be your earnings, your ex's earnings, and the how much the circumstances have changed since the last court order was entered.

    Let me know if you'd like to explore the possibilities. We have offices in Red Bank and Freehold.


    Mark S. Guralnick, Esq.
    (732) 342-9292
    (609) 720-9700

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  • I signed a confessed promissory note when i sold my restaurant in md, the owner is now in bancruptcy and i am being served.

    can the note be enforced and to what degree? can my property be foreclosed by the creditor? I own my property with my spouse who is not on the note, but the note also states that iam giving up my rights including the homestead exemption and right ...

    Mark’s Answer

    Yes, the note may be enforceable, but the extent depends on exactly what's happening. What have you been served with? What kind of bankruptcy has been filed? Is there a foreclosure action being threatened? Have you defaulted on the note, or has the creditor declared you in default? What are the terms of repayment? (Perhaps I should see a copy of the note, and then I should look at the owner's bankruptcy petition).

    If you waived all of your rights (homestead, redemption, appeal, etc.), you should definitely retain counsel to protect your interests. If your wife co-owns property, then she may have a valid property claim to prevent execution and seizure.

    We have offices in Bethesda. I'd be happy to discuss this matter further. Or perhaps you want to fax me the note and other relevant papers for a free look-over. Feel free to Fax to 1-800-613-2585.

    Let mek now if I can help.

    Mark S. Guralnick, Esq.
    Phone: 1-866-337-2900
    Fax: 1-800-613-2585

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  • In NJ what happens if a father calls police on his own daughter in his own house .

    I found coke residue on a mirror in my 19yr old daughters room . I also know for certain she smokes pot.and My wife also. Within 1000 ft of a school. What happens if I call police on the daughter?

    Mark’s Answer

    Well, I think the obvious may happen: (1) Police may respond, and question your daughter. If there's evidence of possession of pot or coke, they may arrest her and charge her with drug crimes; (2) Police may charge you with possession of narcotics within a school zone, if the house is your home and your daughter is purportedly under your control; (3) One or both of you have may be prosecuting on the drug offenses, and one or both of you may end up with a criminal record; and (4) Your relationship with your daughter may never be the same.

    Seems to me that if your wife uses drugs, it may be a good idea to approach her first (maybe time for an intervention), and try to reach your daughter through your wife.

    If it's in intractable situation, you may want to vacate the premises yourself, especially before you make a police report -- if you decide to go that direction.

    (Although you didn't mention it, you may want to consult with an attorney if your marriage has problems).

    Feel free to call if we can help.

    Mark S. Guralnick, Esq.

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  • I need to know what to do to divorce my husband of 9 years.

    We have been married 9 years, have one child in common, and he's stepfather to my oldest. he has been sole provider for us through our entire marraige, we own a home that is in the middle of forcloseur. we owe more than it's worth. It has been a l...

    Mark’s Answer

    • Selected as best answer

    If your marriage cannot be saved, then you'll need to file a Petition for Dissolution of Marriage to get the process started. If you and your husband can reach some agreements at the outset, or along the way, you can save yourself a great deal of time and money. The court will likely direct you to participate in mediation, and you can arrange a mediation yourself early in the case -- this will also get you to the end of the case faster and cheaper too. Your chances of getting primary custody seem strong, especially if your one child in common is bonded to your oldest child.

    In terms of splitting property, you're both entitled to "equitable distribution," which may be 50/50, or slightly different, depending on circumstances. In terms of costs, any lawyer is going to charge you a retainer up front (ranging from $1,500 to $5,000 on the average), and then they're going to charge you an hourly rate (could be anywhere from $150 to $450, depending on experience, on the average). Don't be scared by the dollar-amounts, and don't shop for the "cheapest" lawyer. I recommend that you ask questions, gather information, and make your decisions on how to proceed (and who to hire) based on the best fit.

    If you want to read more about custody issues, I’d like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://dailycustodytip.blogspot.com/

    We handle many cases in the Osceola courts. Feel free to call or visit me in my Orlando office.

    Mark S. Guralnick
    (407) 425-9700

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  • My kid is 17 years old she wants to live with me her mother won't let her

    her mother keeps on postponing the court date and my kid has been living with her grandmother for the last year and was told not to tell me i would pick her up at her mothers house

    Mark’s Answer

    Yes, you need a motion to modify custody. And at 17 years old, your daughter will likely be interviewed by the judge. Usually, if a 17-year-old is clear about what she wants, a court will give great weight to her wishes. I would get to work preparing a proper motion and certification if you intend to take action while she's 17.

    Call if you need help. (609) 481-9900

    If you want more information about this, check out my website on New Jersey Custody Law. It’s located at www.CustodyLawyerNewJersey.com

    I’d also like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://dailycustodytip.blogspot.com/

    Mark S. Guralnick
    (609) 481-9900

    See question