(a)  The notice of lis pendens required to be filed under §?34-28-10 shall state that the person filing the notice of lis pendens that day has filed or will file within seven (7) days in the superior court a complaint to enforce a mechanics’ lien, and shall also contain:

(1)  The name of the person against whom the complaint has been or will be filed and the relationship of the person to the land upon which the building, canal, turnpike, railroad, or other improvement is being or has been constructed, erected, altered, or repaired;

(2)  A description of the land by metes and bounds, or by reference to a recorded plat, by tax assessor’s lot and plat, or by other legal description;

(3)  The amount claimed (the value within two hundred (200) days) in the complaint to be due to the plaintiff;

(4)  The dates of the mailing and of the filing of any notice of intention under §?34-28-4 and renewal notices under §?34-28-9, if any, and the name and address of the person to whom any mailing under §?34-28-4 was made;

(5)  The name and address of the plaintiff and of his or her attorney, if any.

contract signature

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Terms Used In Rhode Island General Laws 34-28-11

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: as used in this chapter means corporations, partnerships, or other organizations or entities, except that the words "individual person" means only a natural person. See Rhode Island General Laws 34-28-34
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  The notice of lis pendens may be in substantially the following form:

NOTICE OF LIS PENDENS

All persons are hereby notified that the undersigned this day has filed or will file within seven (7) days hereafter, in the superior court for …………………………………………………………….. County, a complaint to enforce a mechanics’ lien against (here insert name of the person against whom the complaint has been or will be filed and his or her relationship to the land), concerning land described as follows: (here insert description of land). The undersigned asserts that there is due to him or her the sum of (here insert the amount claimed) under the mechanics’ lien, which is based upon a notice of intention, under §?34-28-4 of the mechanics’ lien law, mailed to (here insert name and address of person to whom mailing was made) on (here insert date of mailing) and filed in the records of land evidence of the city or town of (here insert name of city or town) on (here insert date of filing of notice). The attorney for the undersigned is (here insert name and address of attorney).

____________________________
____________________________
(Name and address of person filing notice of lis pendens)  

History of Section.
P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.