State Codes and Statutes
Statutes > Rhode-island > Title-34 > Chapter-34-28 > 34-28-17-1SECTION 34-28-17.1
§ 34-28-17.1 Dismissal of complaint forother cause. – (a) If any person in interest, including, but not limited to, an owner orcontractor, claims: (1) that any person who has provided labor, materials orequipment or has agreed to provide funding, financing or payment for labor ormaterials or equipment refuses to continue to provide such funding, financingor payment for labor materials solely because of the filing or recording of anotice of intention; or (2) it appears from the notice of intention that theclaimant has no valid lien by reason of the character of or the contract forthe labor, materials or equipment and for which a lien is claimed; or (3) thata notice or other instrument has not been filed or recorded in accordance withthe applicable provisions of § 34-28-1 et seq.; or (4) that for any otherreason a claimed lien is invalid by reason or failure to comply with theprovisions of § 34-28-1 et seq., then in such event, such person may applyforthwith to the superior court for the county where the land lies for an orderto show cause why the lien in question is invalid, or otherwise void, or thebasis of the lien is without probability of a judgment rendered in favor of thelienor. A mortgage holder or servicer is not a necessary party under thissection and shall not be named as a party in any such application or order ofnotice.
(b) An order of notice to appear and show cause why therelief demanded in the complaint should not be granted shall be served upon thenecessary parties no later than one week prior to the date of the scheduledhearing. If the necessary parties cannot be found, such service may be made asthe court shall direct. The application shall be made upon a verified complaintaccompanied by other written proof of facts upon which the application is made.Upon granting or denying the application, the court shall enter an order orjudgment as applicable on the matter involved. Nothing herein shall affect thevalidity of, or otherwise modify or alter, the mortgage contract nor otherwiseaffect, alter or modify the mortgage holder's rights under § 34-28-16.1.
