In the state of New York, process servers are
required to have license to serve in specific counties. However, in general, there is not a
statewide license. New York City's five
Burroughs, New York requires all process servers within each of the 5 boroughs
(Manhattan, Brooklyn, Bronx, Staten Island, and Queens) to be licensed through
the New York City Department of Consumer Affairs. There is no insurance,
bonding, educational, or testing requirement to become a process server. Suffolk County has a local ordinance
requiring all process servers who serve pleadings in Suffolk County to be
licensed. This legislation was passed on July 1, 2002. Thus, now all process
server applicants must carry E&O coverage with limits of $250,000, and take
one full day of classes on process serving laws, which is followed by a written
exam. The exam must be taken and passed
in order to obtain a process server license for the specific New York counties.
Process
servers cannot serve papers on Sunday.
On Saturday, papers cannot be served upon anyone who keeps Saturday as a
holy time. In addition, and most
recently, all New York pleadings must be filed with a county court and have an
index number before the pleadings are served to the defendant.
Table of Contents
Rule 305. Summons; supplemental
summons, amendment.
Rule 306. Proof of service.
Rule 306-a Index number in an
action commenced in supreme or county court.
Rule 306-b
Rule 307. Personal service upon
the state.
Rule 308. Personal service upon
a natural person.
Rule 309. Personal service upon
an infant, incompetent or conservatee.
Rule 310. Personal service upon
a partnership.
Rule 310-a. Personal service
upon a limited partnership.
Rule 311. Personal service upon a
corporation or governmental subdivision.
Rule 311-a. Personal service on
limited liability companies.
Rule 312-a. Personal service by
mail.
A. STATEMENT OF SERVICE BY MAIL
B. ACKNOWLEDGEMENT OF RECEIPT OF SUMMONS AND COMPLAINT OR
SUMMONS AND NOTICE OR NOTICE OF PETITION AND PETITION
Rule 313. Service without the
state giving personal jurisdiction.
Rule 314. Service without the
state not giving personal jurisdiction in certain actions.
Rule 315. Service by publication
authorized.
Rule 316. Service by
publication.
Rule 317. Defense by person to
whom summons not personally delivered.
Rule 318. Designation of agent
for service.
2103 N.Y.C.P.L.R. Service of
papers.
Article 23. Subpoenas, Oaths and
Affirmations
§2301 N.Y.C.P.L.R. Scope of
subpoena.
§2302 N.Y.C.P.L.R. Authority to
issue.
§2303 N.Y.C.P.L.R. Service of
subpoena; payment of fees in advance.
§ 2306 N.Y.C.P.L.R. Hospital
records; medical records of department or bureau of a municipal corporation or
of the state.
§ 2307 N.Y.C.P.L.R. Books,
papers and other things of a library, department or bureau of a municipal
corporation or of the state.
§ 2308 N.Y.C.P.L.R. Disobedience
of subpoena.
§ 11 Gen. Bus. Serving civil
process on Sunday.
§ 13 Gen. Bus. Maliciously
serving process on Saturday on person who keeps Saturday as holy time.
§ 89-t Gen. Bus. Definitions.
§ 89-u Gen. Bus. Process server
records, penalties.
§ 89-v Gen. Bus. Enforcement by
attorney general.
§ 89-bb Gen. Bus. Definitions.
For the purposes of this article:
§ 89-cc Gen. Bus. Process server
records.
§ 89-dd Gen. Bus. Process
serving agency records.
§ 89-ee Gen. Bus. Responsibility
of process serving agency and process servers.
§ 89-ff Gen. Bus. Affidavits of
service.
§ 89-gg Gen. Bus. Availability
of records.
§ 89-hh Gen. Bus. Enforcement by
attorney general.
§ 89-ii Gen. Bus. Preservation
of private remedies.
§ 89-jj Gen. Bus. Preemption.
§ 89-kk Gen. Bus. Severability.
§ 89-ll Gen. Bus. Applicability.
§ 20-404 Definition.
§ 20-405 Exceptions.
§ 20-406 Application;
fingerprinting.
§ 20-407 Fee; term.
§ 20-408 Rules and regulations.
§ 20-409 Issuance, renewal,
suspension and revocation of a license.
a.
Summons;
supplemental summons. A summons shall specify the basis of the venue designated
and if based upon the residence of the plaintiff it shall specify the
plaintiffs address, and also shall bear the index number assigned and the date
of filing with the clerk of the court. A third-party summons shall also specify
the date of filing of the third-party summons with the clerk of the court. The
summons in an action arising out of a consumer credit transaction shall
prominently display at the top of the summons the words "consumer credit
transaction" and, where a purchaser, borrower or debtor is a defendant,
shall specify the county of residence of a defendant, if one resides within the
state, and the county where the consumer credit transaction took place, if it
is within the state. Where, upon order of the court or by stipulation of all
parties or as of right pursuant to section 1003, a new party is joined in the
action and the joinder is not made upon the new party's motion, a supplemental
summons specifying the pleading which the new party must answer shall be filed
with the clerk of the court and served upon such party.
b.
Summons and
notice. If the complaint is not served with the summons, the summons shall
contain or have attached thereto a notice stating the nature of the action and
the relief sought, and, except in an action for medical malpractice, the sum of
money for which judgment may be taken in case of default.
c.
Amendment. At any
time, in its discretion and upon such terms as it deems just, the court may
allow any summons or proof of service of a summons to be amended, if a
substantial right of a party against whom the summons issued is not prejudiced.
a.
Generally. Proof
of service shall specify the papers served, the person who was served and the
date, time, address, or, in the event there is no address, place and manner of
service, and set forth facts showing that the service was made by an authorized
person and in an authorized manner.
b.
Personal service.
Whenever service is made pursuant to this article by delivery of the summons to
an individual, proof of service shall also include, in addition to any other
requirement, a description of the person to whom it was so delivered,
including, but not limited to, sex, color of skin, hair color, approximate age,
approximate weight and height, and other identifying features.
c.
Other service.
Where service is made pursuant to subdivision four of section three hundred
eight of this chapter, proof of service shall also specify the dates, addresses
and the times of attempted service pursuant to subdivisions one, two or three
of such section.
d.
Form. Proof of
service shall be in the form of a certificate if the service is made by a
sheriff or other authorized public officer, in the form of an affidavit if made
by any other person, or in the form of a signed acknowledgement of receipt of a
summons and complaint, or summons and notice or notice of petition as provided
for in section 312-a of this article.
e.
Admission of
service. A writing admitting service by the person to be served is adequate
proof of service.
a.
Upon filing the
summons and complaint or summons with notice in an action commenced in supreme
or county court, an index number shall be assigned and the fee required by
subdivision (a) of section eight thousand eighteen of this chapter shall be
paid. Upon the filing of a summons and complaint against a person not already a
party, as permitted under section one thousand seven or rule one thousand
eleven of this chapter, the fee required by subdivision (a) of section eight thousand
eighteen of this chapter shall be paid, but a separate index number shall not
be assigned.
b.
If a person other
than the plaintiff or third-party plaintiff who served the summons or
third-party summons obtains the index number and pays the fee therefore, the
clerk shall issue an order directing the plaintiff or the third-party plaintiff
to pay such person the amount of the fee paid. If such fee is not paid within
thirty days of service of the order with notice of entry, the person who paid
the fee, in addition to any other remedies available at law, may apply to the
clerk for an order dismissing the action without prejudice.
Service of the
summons and complaint, summons with notice, or of the third-party summons and complaint.
Service of the summons and complaint, summons with notice, or of the
third-party summons and complaint shall be made within one hundred twenty days
after their filing, provided that in an action or proceeding where the
applicable statute of limitations is four months or less, service shall be made
not later than fifteen days after the date on which the applicable statute of
limitations expires. If service is not made upon a defendant within the time
provided in this section, the court, upon motion, shall dismiss the action
without prejudice as to that defendant, or upon good cause shown or in the
interest of justice, extend the time for service.
1.
Personal service
upon the state shall be made by delivering the summons to an assistant
attorney-general at an office of the attorney-general or to the
attorney-general within the state.
2.
Personal service
on a state officer sued solely in an official capacity or state agency, which
shall be required to obtain personal jurisdiction over such an officer or
agency, shall be made by (1) delivering the summons to such officer or to the
chief executive officer of such agency or to a person designated by such chief
executive officer to receive service, or (2) by mailing the summons by
certified mail, return receipt requested, to such officer or to the chief
executive officer of such agency, and by personal service upon the state in the
manner provided by subdivision one of this section. Service by certified mail
shall not be complete until the summons is received in a principal office of
the agency and until personal service upon the state in the manner provided by
subdivision one of this section is completed. For purposes of this subdivision,
the term "principal office of the agency" shall mean the location at
which the office of the chief executive officer of the agency is generally
located. Service by certified mail shall not be effective unless the front of
the envelope bears the legend "URGENT LEGAL MAIL" in capital letters.
The chief executive officer of every such agency shall designate at least one
person, in addition to himself or herself, to accept personal service on behalf
of the agency. For purposes of this subdivision the term state agency shall be
deemed to refer to any agency, board, bureau, commission, division, tribunal or
other entity which constitutes the state for purposes of service under
subdivision one of this section.
Personal service
upon a natural person shall be made by any of the following methods:
1.
by delivering the
summons within the state to the person to be served; or
2.
by delivering the
summons within the state to a person of suitable age and discretion at the
actual place of business, dwelling place or usual place of abode of the person
to be served and by either mailing the summons to the person to be served at
his or her last known residence or by mailing the summons by first class mail
to the person to be served at his or her actual place of business in an
envelope bearing the legend "personal and confidential" and not
indicating on the outside thereof, by return address or otherwise, that the
communication is from an attorney or concerns an action against the person to
be served, such delivery and mailing to be effected within twenty days of each
other; proof of such service shall be filed with the clerk of the court
designated in the summons within twenty days of either such delivery or
mailing, whichever is effected later; service shall be complete ten days after
such filing; proof of service shall identify such person of suitable age and
discretion and state the date, time and place of service, except in matrimonial
actions where service hereunder may be made pursuant to an order made in
accordance with the provisions of subdivision a of section two hundred
thirty-two of the domestic relations law; or
3.
by delivering the
summons within the state to the agent for service of the person to be served as
designated under rule 318, except in matrimonial actions where service
hereunder may be made pursuant to an order made in accordance with the
provisions of subdivision a of section two hundred thirty-two of the domestic
relations law;
4.
where service
under paragraphs one and two cannot be made with due diligence, by affixing the
summons to the door of either the actual place of business, dwelling place or
usual place of abode within the state of the person to be served and by either
mailing the summons to such person at his or her last known residence or by
mailing the summons by first class mail to the person to be served at his or
her actual place of business in an envelope bearing the legend "personal
and confidential" and not indicating on the outside thereof, by return
address or otherwise, that the communication is from an attorney or concerns an
action against the person to be served, such affixing and mailing to be
effected within twenty days of each other; proof of such service shall be filed
with the clerk of the court designated in the summons within twenty days of
either such affixing or mailing, whichever is effected later; service shall be
complete ten days after such filing, except in matrimonial actions where
service hereunder may be made pursuant to an order made in accordance with the
provisions of subdivision a of section two hundred thirty-two of the domestic
relations law;
5.
in such manner as
the court, upon motion without notice, directs, if service is impracticable
under paragraphs one, two and four of this section.
6.
For purposes of
this section, "actual place of business" shall include any location
that the defendant, through regular solicitation or advertisement, has held out
as its place of business.
a.
Upon an infant.
Personal service upon an infant shall be made by personally serving the summons
within the state upon a parent or any guardian or any person having legal
custody or, if the infant is married, upon an adult spouse with whom the infant
resides, or, if none are within the state, upon any other person with whom he
resides, or by whom he is employed. If the infant is of the age of fourteen
years or over, the summons shall also be personally served upon him within the
state.
b.
Upon a person
judicially declared to be incompetent. Personal service upon a person
judicially declared to be incompetent to manage his affairs and for whom a
committee has been appointed shall be made by personally serving the summons
within the state upon the committee and upon the incompetent, but the court may
dispense with service upon the incompetent.
c.
Upon a
conservatee. Personal service on a person for whom a conservator has been
appointed shall be made by personally serving the summons within the state upon
the conservator and upon the conservatee, but the court may dispense with
service upon the conservatee.
a.
Personal service upon
persons conducting a business as a partnership may be made by personally
serving the summons upon any one of them.
b.
Personal service
upon said partnership may also be made within the state by delivering the
summons to the managing or general agent of the partnership or the person in
charge of the office of the partnership within the state at such office and by
either mailing the summons to the partner thereof intended to be served by
first class mail to his last known residence or to the place of business of the
partnership. Proof of such service shall be filed within twenty days with the
clerk of the court designated in the summons; service shall be complete ten
days after such filing; proof of service shall identify the person to whom the
summons was so delivered and state the date, time of day and place of
service.
c.
Where service
under subdivisions (a) and (b) of this section cannot be made with due
diligence, it may be made by affixing a copy of the summons to the door of the
actual place of business of the partnership within the state and by either
mailing the summons by first class mail to the partner intended to be so served
to such person to his last known residence or to said person at the office of
said partnership within the state. Proof of such service shall be filed within
twenty days thereafter with the clerk of the court designated in the summons;
service shall be complete ten days after filing.
d.
Personal service
on such partnership may also be made by delivering the summons to any other agent
or employee of the partnership authorized by appointment to receive service; or
to any other person designated by the partnership to receive process in
writing, filed in the office of the clerk of the county wherein such
partnership is located.
e.
If service is
impracticable under subdivisions (a), (b) and (c) of this section, it may be
made in such manner as the court, upon motion without notice directs.
a.
Personal service
upon any domestic or foreign limited partnership shall be made by delivering a
copy personally to any managing or general agent or general partner of the
limited partnership in this state, to any other agent or employee of the
limited partnership authorized by appointment to receive service or to any
other person designated by the limited partnership to receive process, in the
manner provided by law for service of summons, as if such person was the
defendant. Personal service upon a limited partnership subject to the provisions
of article eight-A of the partnership law may also be made pursuant to section
121-109 of such law.
b.
If service is
impracticable under subdivision (a) of this section, it may be made in such
manner as the court, upon motion without notice, directs.
c.
A limited
liability partnership may also be served pursuant to section 121-1505 of the
partnership law.
a.
Personal service
upon a corporation or governmental subdivision shall be made by delivering the
summons as follows:
1.
upon any domestic
or foreign corporation, to an officer, director, managing or general agent, or
cashier or assistant cashier or to any other agent authorized by appointment or
by law to receive service. A business corporation may also be served pursuant
to section three hundred six or three hundred seven of the business corporation
law. A not-for-profit corporation may also be served pursuant to section three
hundred six or three hundred seven of the not-for-profit corporation law;
2.
upon the city of
New York, to the corporation counsel or to any person designated to receive
process in a writing filed in the office of the clerk of New York county;
3.
upon any other
city, to the mayor, comptroller, treasurer, counsel or clerk; or, if the city
lacks such officers, to an officer performing a corresponding function under
another name;
4.
upon a county, to
the chair or clerk of the board of supervisors, clerk, attorney or treasurer;
5.
upon a town, to
the supervisor or the clerk;
6.
upon a village, to
the mayor, clerk, or any trustee;
7.
upon a school
district, to a school officer, as defined in the education law; and
8.
upon a park,
sewage or other district, to the clerk, any trustee or any member of the board.
b.
If service upon a
domestic or foreign corporation within the one hundred twenty days allowed by
section three hundred six-b of this article is impracticable under paragraph
one of subdivision (a) of this section or any other law, service upon the
corporation may be made in such manner, and proof of service may take such
form, as the court, upon motion without notice, directs.
a.
Service of process
on any domestic or foreign limited liability company shall be made by
delivering a copy personally to (i) any member of the limited liability company
in this state, if the management of the limited liability company is vested in
its members, (ii) any manager of the limited liability company in this state,
if the management of the limited liability company is vested in one or more
managers, (iii) to any other agent authorized by appointment to receive
process, or (iv) to any other person designated by the limited liability
company to receive process, in the manner provided by law for service of a
summons as if such person was a defendant. Service of process upon a limited
liability company may also be made pursuant to article three of the limited
liability company law.
b.
If service is
impracticable under subdivision (a) of this section, it may be made in such
manner as the court, upon motion without notice, directs.
a.
Service. As an
alternative to the methods of personal service authorized by section 307, 308,
310, 311 or 312 of this article, a summons and complaint, or summons and
notice, or notice of petition and petition may be served by the plaintiff or
any other person by mailing to the person or entity to be served, by first
class mail, postage prepaid, a copy of the summons and complaint, or summons
and notice or notice of petition and petition, together with two copies of a
statement of service by mail and acknowledgement of receipt in the form set
forth in subdivision (d) of this section, with a return envelope, postage
prepaid, addressed to the sender.
b.
Completion of
service and time to answer.
1.
The defendant, an
authorized employee of the defendant, defendant's attorney or an employee of
the attorney must complete the acknowledgement of receipt and mail or deliver
one copy of it within thirty (30) days from the date of receipt. Service is
complete on the date the signed acknowledgement of receipt is mailed or
delivered to the sender. The signed acknowledgement of receipt shall constitute
proof of service.
2.
Where a complaint
or petition is served with the summons or notice of petition, the defendant
shall serve an answer within twenty (20) days after the date the signed
acknowledgement of receipt is mailed or delivered to the sender.
c.
Affirmation. The
acknowledgement of receipt of service shall be subscribed and affirmed as true
under penalties of perjury and shall have the same force and effect as an
affidavit.
d.
Form. The
statement of service by mail and the acknowledgement of receipt of such service
shall be in substantially the following form:
Statement of
Service by Mail and Acknowledgement of Receipt by Mail of Summons and Complaint
or Summons and Notice or Notice of Petition and Petition
To: (Insert the
name and address of the person or entity to be served.)The enclosed summons and
complaint, or summons and notice, or notice of petition and petition (strike
out inapplicable terms) are served pursuant to section 312-a of the Civil
Practice Law and Rules. To avoid being charged with the expense of service upon
you, you must sign, date and complete the acknowledgement part of this form and
mail or deliver one copy of the completed form to the sender within thirty (30)
days from the date you receive it. You should keep a copy for your records or
your attorney. If you wish to consult an attorney, you should do so as soon as
possible before the thirty (30) days expire. If you do not complete and return
the form to the sender within thirty (30) days, you (or the party on whose
behalf you are being served) will be required to pay expenses incurred in
serving the summons and complaint, or summons and notice, or notice of petition
and petition in any other manner permitted by law, and the cost of such service
as permitted by law will be entered as a judgment against you. If you have
received a complaint or petition with this statement, the return of this
statement and acknowledgement does not relieve you of the necessity to answer
the complaint or petition. The time to answer expires twenty (20) days after
the day you mail or deliver this form to the sender. If you wish to consult
with an attorney, you should do so as soon as possible before the twenty (20)
days expire. If you are served on behalf of a corporation, unincorporated
association, partnership or other entity, you must indicate under your
signature your relationship to the entity. If you are served on behalf of
another person and you are authorized to receive process, you must indicate
under your signature your authority. It is a crime to forge a signature or to
make a false entry on this statement or on the acknowledgement.
I received a
summons and complaint, or summons and notice, or notice of petition and
petition (strike out inapplicable terms) in the above- captioned matter at
(insert address).
PLEASE CHECK ONE
OF THE FOLLOWING; IF 2 IS CHECKED, COMPLETE AS INDICATED:
1. / / I am not in military service.
2. / / I am in military service, and my rank,
serial number and branch of service are as follows: Rank:________________________________
Serial number:_________________________ Branch of
Service:______________________
TO BE COMPLETED
REGARDLESS OF MILITARY STATUS: Date:_________________________________________(Date
this Acknowledgement is executed)I affirm the above as true under penalty of
perjury. Signature__________________________________
Print name__________________________________ Name of Defendant for which acting
__________________________________ Position with Defendant for which acting
(i.e., officer, attorney, etc.) PLEASE
COMPLETE ALL BLANKS INCLUDING DATES BY MAIL.
e.
Subsequent service.
Where a duly executed acknowledgement is not returned, upon the subsequent
service of process in another manner permitted by law, the summons or notice of
petition or paper served with the summons or notice of petition shall indicate
that an attempt previously was made to effect service pursuant to this
section.
f.
Disbursements.
Where the signed acknowledgement of receipt is not returned within thirty (30)
days after receipt of the documents mailed pursuant to subdivision (a) of this section,
the reasonable expense of serving process by an alternative method shall be
taxed by the court on notice pursuant to section 8402 of this chapter as a
disbursement to the party serving process, and the court shall direct immediate
judgment in that amount.
A person domiciled
in the state or subject to the jurisdiction of the courts of the state under
section 301 or 302, or his executor or administrator, may be served with the
summons without the state, in the same manner as service is made within the
state, by any person authorized to make service within the state who is a
resident of the state or by any person authorized to make service by the laws
of the state, territory, possession or country in which service is made or by
any duly qualified attorney, solicitor, barrister, or equivalent in such
jurisdiction.
Service may be
made without the state by any person authorized by section 313 in the same
manner as service is made within the state:
1.
in a matrimonial
action; or
2.
where a judgment
is demanded that the person to be served be excluded from a vested or
contingent interest in or lien upon specific real or personal property within
the state; or that such an interest or lien in favor of either party be
enforced, regulated, defined or limited; or otherwise affecting the title to
such property, including an action of interpleader or defensive interpleader;
or
3.
where a levy upon
property of the person to be served has been made within the state pursuant to
an order of attachment or a chattel of such person has been seized in an action
to recover a chattel.
The court, upon
motion without notice, shall order service of a summons by publication in an
action described in section 314 if service cannot be made by another prescribed
method with due diligence.
a.
Contents of order;
form of publication; filing. An order for service of a summons by publication
shall direct that the summons be published together with the notice to the
defendant, a brief statement of the nature of the action and the relief sought,
and, except in an action for medical malpractice, the sum of money for which
judgment may be taken in case of default and, if the action is brought to
recover a judgment affecting the title to, or the possession, use or enjoyment
of, real property, a brief description of the property, in two newspapers, at
least one in the English language, designated in the order as most likely to
give notice to the person to be served, for a specified time, at least once in
each of four successive weeks, except that in the matrimonial action
publication in one newspaper in the English language, designated in the order
as most likely to give notice to the person to be served, at least once in each
of three successive weeks shall be sufficient. The summons, complaint, or
summons and notice in an action for divorce or separation, order and papers on
which the order was based shall be filed on or before the first day of
publication.
b.
Mailing to
accompany publication in matrimonial actions. An order for service of a summons
by publication in a matrimonial action shall also direct that on or before the
first day of publication a copy of the summons be mailed to the person to be
served unless a place where such person probably would receive mail cannot with
due diligence be ascertained and the court dispenses with such mailing. A
notice of publication shall be enclosed.
c.
Time of
publication; when service complete. The first publication of the summons shall
be made within thirty days after the order is granted. Service by publication
is complete on the twenty-eighth day after the day of first publication, except
that in a matrimonial action it is complete on the twenty-first day after the
day of first publication.
A person served
with a summons other than by personal delivery to him or to his agent for
service designated under rule 318, within or without the state, who does not
appear may be allowed to defend the action within one year after he obtains
knowledge of entry of the judgment, but in no event more than five years after
such entry, upon a finding of the court that he did not personally receive
notice of the summons in time to defend and has a meritorious defense. If the
defense is successful, the court may direct and enforce restitution in the same
manner and subject to the same conditions as where a judgment is reversed or
modified on appeal. This section does not apply to an action for divorce,
annulment or partition.
A person may be
designated by a natural person, corporation or partnership as an agent for
service in a writing, executed and acknowledged in the same manner as a deed,
with the consent of the agent endorsed thereon. The writing shall be filed in
the office of the clerk of the county in which the principal to be served
resides or has its principal office. The designation shall remain in effect for
three years from such filing unless it has been revoked by the filing of a
revocation, or by the death, judicial declaration of incompetency or legal
termination of the agent or principal.
a.
Who can serve.
Except where otherwise prescribed by law or order of court, papers may be
served by any person not a party of the age of eighteen years or over.
b.
Upon an attorney.
Except where otherwise prescribed by law or order of court, papers to be served
upon a party in a pending action shall be served upon the party's attorney.
Where the same attorney appears for two or more parties, only one copy need be
served upon the attorney. Such service upon an attorney shall be made:
1.
by delivering the
paper to the attorney personally; or
2.
by mailing the
paper to the attorney at the address designated by that attorney for that
purpose or, if none is designated, at the attorney's last known address;
service by mail shall be complete upon mailing; where a period of time
prescribed by law is measured from the service of a paper and service is by
mail, five days shall be added to the prescribed period; or
3.
if the attorney's
office is open, by leaving the paper with a person in charge, or if no person
is in charge, by leaving it in a conspicuous place; or if the attorney's office
is not open, by depositing the paper, enclosed in a sealed wrapper directed to
the attorney, in the attorney's office letter drop or b
