Rhode Island General Laws 34-28-14. Notice of complaint to owners and encumbrancers
Upon filing of the complaint, the clerk of the superior court shall, by one advertisement to be inserted in some public newspaper published in the city or town where the property against which the lien is claimed is located, but, if there shall be no public newspaper published in the city or town, then by one advertisement in some public newspaper published in the county where the property is located, which one advertisement shall, with the service of the citation set forth in § 35-28-15, notify all persons having a lien, by virtue of this chapter, or any title, claim, lease, mortgage, attachment, or other lien or encumbrance, or any unrecorded claim on all or any part of the same property, to respond to the court in accordance with § 34-28-15 and § 34-28-16 and make out their demands against the property; and the clerk shall issue a citation to each person whose name appears on the list, made a part of the complaint by § 34-28-13, 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) on a day certain to respond in accordance with § 34-28-15 and § 34-28-16 and show cause, if any they have, why the lien should not be allowed and enforced for the amount claimed. The plaintiff shall, at least ten (10) days before the return day of the citation mentioned in § 34-28-15, mail, postage prepaid, a copy of the advertisement provided for in this section (printed, typewritten, or otherwise reproduced) to each person who has filed a notice of intention under § 34-28-4.
History of Section.
G.L. 1896, ch. 206, § 10; G.L. 1909, ch. 257, § 10; G.L. 1923, ch. 301, § 10; G.L. 1938, ch. 445, § 10; G.L. 1956, § 34-28-10; G.L. 1956, § 34-28-14; 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 34-28-14
- 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.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage: as used in this chapter means construction mortgages, so called, which are given to secure the payment of a sum certain which is to be advanced at stated times or intervals. See Rhode Island General Laws 34-28-34
- 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