Rhode Island General Laws 34-28-13. Form of complaint to enforce lien
The complaint to enforce a lien, filed under § 34-28-10, shall set forth the particulars of the account or demand for which the plaintiff claims a lien including the amount claimed, extras, payment made, the date or dates upon which work was done or materials furnished, shall recite the actions taken under this chapter by the plaintiff for the perfection of such lien, shall particularly describe the building, canal, turnpike, railroad, improvement, and land, and the estate and title in the improvement upon which the plaintiff claims a lien. It shall include specific dates of performance of the work, providing of materials, nature of each performance, and shall pray that the lien may be enforced against the improvement, and that the improvement may be sold to satisfy the account or demand and all other accounts and demands for which the improvement is liable and stands subject to liens under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7; the complaint shall also name as defendants the owner of record and/or the landlord and lessee, if applicable, under § 34-28-2, and the complaint shall also contain a list of the names and addresses of all persons who have filed notices of intention under § 34-28-4 and a list of all persons who have any recorded 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) with relation to, on or against the building, canal, turnpike, railroad, improvement, or land or any part thereof.
History of Section.
G.L. 1896, ch. 206, § 9; C.P.A. 1905, § 1141; G.L. 1909, ch. 257, § 9; G.L. 1923, ch. 301, § 9; G.L. 1938, ch. 445, § 9; G.L. 1956, § 34-28-9; G.L. 1956, § 34-28-13; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1; P.L. 2006, ch. 630, § 1.
Terms Used In Rhode Island General Laws 34-28-13
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- materials: when used in this chapter shall also include the rental or lease of any equipment. See Rhode Island General Laws 34-28-3.1
- Plaintiff: The person who files the complaint in a civil lawsuit.