§ 34-28-16. Entry of appearance and filing of account or claim.
(a) The liens, under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, of all persons, except the persons who have mailed and filed notices of intention under § 34-28-4 before the filing of the complaint and who have not been mailed a copy of the advertisement as provided in § 34-28-14 and who have no actual knowledge, on or before the return day of the citation provided for in §§ 34-28-14 and 34-28-15, of the pendency of the complaint, and the title, claim, lease, mortgage, attachment, or other lien or encumbrance of all persons who have any title, claim, lease, mortgage, attachment, or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7) to or in the property which is the subject matter of the complaint, except the persons who have recorded the lien or encumbrance before the filing of the complaint and who have not been served with or mailed a citation as provided in § 34-28-15 and who have no actual knowledge, on or before the return day, of the pendency of the complaint, shall be subordinated to the claim of the plaintiff, and persons claiming liens pursuant to this chapter, and any other person having any mortgage, attachment, or other lien or encumbrance who have entered an appearance as a party in the cause, unless the person shall, within twenty (20) days after the return day, or within such other time as may be allowed by the superior court pursuant to Rule 60(b) of the Superior Court Rules of Civil Procedure enter an appearance as a party in the cause commenced by the complaint described in §§ 34-28-10 and 34-28-13 and shall file an answer as follows:
(1) In the case of persons claiming a lien under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, file an account and demand containing the matters provided in § 34-28-13 for a complaint to enforce a lien, except that the account and demand need not contain a list of the names and addresses of the persons who have filed notices of intention under § 34-28-4, nor a list of all persons who have any recorded title, claim, lease, mortgage, attachment, or other lien or encumbrance, or
(2) In the case of persons who have any title, claim, lease, mortgage, attachment, or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7), file a claim setting forth the particulars thereof and praying for the relief and priority to which the person shall deem himself or herself entitled.
(b) Nothing in this section shall, however, bar any claim for a lien under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, by any person for work done or materials furnished, provided the person complies with the requirements of this chapter.
History of Section.P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
Structure Rhode Island General Laws
Chapter 34-28 - Mechanics’ Liens
Section 34-28-2. - Improvements by consent of tenant or lessee.
Section 34-28-3. - Improvements by consent of owner of less than freehold.
Section 34-28-3.1. - Materials to include rental or lease of any equipment.
Section 34-28-4. - Notice of intention to claim lien.
Section 34-28-4.1. - Contractors.
Section 34-28-5. - Recording notice of intention.
Section 34-28-7. - Lien of architect or engineer.
Section 34-28-8. - Land subject to lien.
Section 34-28-9. - Effective period of notice.
Section 34-28-10. - Complaint to enforce lien — Lis pendens notice.
Section 34-28-11. - Contents of lis pendens.
Section 34-28-12. - Recording of lis pendens.
Section 34-28-13. - Form of complaint to enforce lien.
Section 34-28-14. - Notice of complaint to owners and encumbrancers.
Section 34-28-15. - Contents and service of citation to owners and encumbrancers.
Section 34-28-16. - Entry of appearance and filing of account or claim.
Section 34-28-16.1. - Petition to foreclose mortgage.
Section 34-28-16.2. - Proceedings in superior court.
Section 34-28-17.1. - Dismissal of complaint for other cause.
Section 34-28-18. - Consolidation of proceedings by different lienholders.
Section 34-28-19. - Costs of proceedings.
Section 34-28-20. - Persons entitled to contest claims.
Section 34-28-21. - Decree ordering sale.
Section 34-28-22. - Court instructions as to sale.
Section 34-28-23. - Application of proceeds of sale.
Section 34-28-24. - Master’s bond.
Section 34-28-25. - Priority of liens.
Section 34-28-26. - Subordination or release of lien.
Section 34-28-27. - Direct payment on release of lien.
Section 34-28-28. - Damages on withholding direct payment or consent thereto.
Section 34-28-29. - Form of demand for direct payment.
Section 34-28-30. - Suit on bond to secure payment.
Section 34-28-31. - Application to governmental agencies.
Section 34-28-32. - Contractor excused from completing work upon filing of complaint.
Section 34-28-32.2. - Construction.
Section 34-28-33. - Remedy of chapter not exclusive.
Section 34-28-34. - Definitions.
Section 34-28-35. - Form of real estate description.