§ 34-28-16 - Entry of appearance and filing of account or claim.
SECTION 34-28-16
§ 34-28-16 Entry of appearance and filingof account or claim. – (a) The liens, under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, of allpersons, except the persons who have mailed and filed notices of intentionunder § 34-28-4 before the filing of the complaint and who have not beenmailed a copy of the advertisement as provided in § 34-28-14 and who haveno actual knowledge, on or before the return day of the citation provided forin §§ 34-28-14 and 34-28-15, of the pendency of the complaint, andthe title, claim, lease, mortgage, attachment, or other lien or encumbrance ofall persons who have any title, claim, lease, mortgage, attachment, or otherlien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or34-28-7) 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 filingof the complaint and who have not been served with or mailed a citation asprovided in § 34-28-15 and who have no actual knowledge, on or before thereturn day, of the pendency of the complaint, shall be subordinated to theclaim of the plaintiff, and persons claiming liens pursuant to this chapter,and any other person having any mortgage, attachment, or other lien orencumbrance who have entered an appearance as a party in the cause, unless theperson shall, within twenty (20) days after the return day, or within suchother time as may be allowed by the superior court pursuant to Rule 60(b) ofthe Superior Court Rules of Civil Procedure enter an appearance as a party inthe cause commenced by the complaint described in §§ 34-28-10 and34-28-13 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 thematters provided in § 34-28-13 for a complaint to enforce a lien, exceptthat the account and demand need not contain a list of the names and addressesof the persons who have filed notices of intention under § 34-28-4, nor alist 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 theparticulars thereof and praying for the relief and priority to which the personshall deem himself or herself entitled.
(b) Nothing in this section shall, however, bar any claim fora lien under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, by any person forwork done or materials furnished, provided the person complies with therequirements of this chapter.