§ 34-28-16. Entry of appearance and filing of account or claim.
(a) The liens, under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, of all persons, except the persons who have mailed and filed notices of intention
under § 34-28-4 before the filing of the complaint and who have not been mailed a copy of the advertisement
as provided in § 34-28-14 and who have no actual knowledge, on or before the return day of the citation provided
for in §§ 34-28-14 and 34-28-15, of the pendency of the complaint, and the title, claim, lease, mortgage, attachment,
or other lien or encumbrance of all 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) 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 filing of the complaint and who
have not been served with or mailed a citation as provided in § 34-28-15 and who have no actual knowledge, on or before the return day, of the pendency of
the complaint, shall be subordinated to the claim of the plaintiff, and persons claiming
liens pursuant to this chapter, and any other person having any mortgage, attachment,
or other lien or encumbrance who have entered an appearance as a party in the cause,
unless the person shall, within twenty (20) days after the return day, or within such
other time as may be allowed by the superior court pursuant to Rule 60(b) of the Superior Court Rules of Civil Procedure enter an appearance as a party in the cause commenced by the complaint described
in §§ 34-28-10 and 34-28-13 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 the matters provided in § 34-28-13 for a complaint to enforce a lien, except that the account and demand need not contain
a list of the names and addresses of the persons who have filed notices of intention
under § 34-28-4, nor a list 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 the particulars thereof and praying for the relief and
priority to which the person shall deem himself or herself entitled.
(b) Nothing in this section shall, however, bar any claim for a lien under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7, by any person for work done or materials furnished, provided the person complies
with the requirements of this chapter.