46 - Action in a court not of record.

§  46.  Action  in  a  court  not of record. If an action to enforce a  mechanic's lien against real property is  brought  in  a  court  not  of  record,  it shall be commenced by the personal service upon the owner of  a summons and complaint verified in the same manner as a complaint in an  action in a court of record. The complaint must set forth  substantially  the  facts  contained  in  the  notice of lien, and the substance of the  agreement under which the labor was  performed  or  the  materials  were  furnished.  The  form  and  contents of the summons shall be the same as  provided by law for the commencement of an action  upon  a  contract  in  such court. The summons must be returnable not less than twelve nor more  than twenty days after the date of the summons, or if service is made by  publication,  after  the  day  of  the  last publication of the summons.  Service must be made at least eight days before the return day.