R.I. Gen. Laws ch. 31-44.2 § 31-44.2-4

Service of process for actions pursuant to chapter

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/15/2026Rhode IslandSummary Process

Operative Text

R.I. Gen. Laws ch. 31-44.2 § 31-44.2-4
(a)(1) In actions pursuant to this chapter, the summons for an action for removal of an abandoned
mobile or manufactured home shall be in the form provided in this chapter. At the
time of filing of the complaint, the clerk shall mark the date of hearing upon the
summons, which shall be the ninth (9th) day after filing of the complaint, or the
first court day following the ninth (9th) day. For the purposes of this section only,
the time of filing of the complaint shall be the date upon which the clerk assigns
a case number to the action and the filing fee is paid to the clerk. On the same day
that the complaint is filed, the plaintiff's attorney or, if pro se, the plaintiff,
or if more than one, the person filing the complaint shall mail a copy of the summons
and complaint by first class mail, to the defendant; shall complete the proof of service
on a copy of the original summons; and file the completed proof of service in the
appropriate court. The clerk shall note on the docket the mailing date of the summons
and complaint and shall complete the proof of service on the original summons. The
plaintiff shall deliver the original summons and a copy thereof, together with a copy
of the complaint to the division of sheriffs or any constable of the county in which
the appropriate court is located. The officer receiving the copies shall serve them
by:


(i) Handing them to the defendant;


(ii) Serving them at the defendant's dwelling unit to a person of suitable age and discretion
then residing therein; or


(iii) If none be found, by posting them conspicuously on the door to defendant's dwelling
unit.


(2) The deputy sheriff or constable serving the summons and complaint shall make proof
of service on the original summons and shall file it with the clerk of the appropriate
court at or before the time of the hearing. The proof of service shall show the manner
and the day, hour, and place of service, and shall show that the defendant was served
no less than five (5) days before the hearing.


(b) In all actions pursuant to this chapter, the procedure shall be as follows:


(1) The summons pursuant to this chapter shall be in the form provided in § 31-44.2-8.


(2) Service shall be made pursuant to Rule 4 of the district court civil rules, or other
appropriate rule of court.


(c) If a plaintiff or defendant is not a resident of this state or is a corporation not
authorized to do business in this state and engages in any conduct in this state governed
by this chapter, or engages in a transaction subject to this chapter, he or she may
designate an agent upon whom service of process may be made in this state. The agent
shall be a resident of this state or a corporation authorized to do business in this
state. The designation shall be in writing and filed with the secretary of state.
If no designation is made and filed, or if the process cannot be served in this state
upon the designated agent, process may be served upon the secretary of state, but
service upon the secretary of state is not effective unless the plaintiff or petitioner
forthwith mails a copy of the process and pleading by registered or certified mail
to the defendant or respondent at his or her last reasonably ascertainable address.
An affidavit of compliance with this subsection shall be filed with the clerk of the
court on or before the return day of the process, if any, or within any further time
the court allows.


(d) If, at the time of hearing, it appears that the clerk failed to provide mail service
as required by subsection (a) of this section, or that the mailed service was undeliverable,
service shall nevertheless be deemed complete if proof of service reflects that service
was accomplished in accordance with subsection (a)(1)(i) or (ii) of this section.
Source: Legislative text reproduced verbatim
Plain English

Rhode Island General Laws § 31-44.2-4 establishes the procedural rules for serving legal process in actions involving the removal of abandoned mobile or manufactured homes. The provision sets a tight timeline: a hearing is scheduled for the ninth day after the complaint is filed, and the defendant must receive service at least five days before that hearing. Service can be accomplished by personal delivery, delivery to a suitable resident at the dwelling, or conspicuous posting on the door, and out-of-state parties may be served through the Secretary of State if no in-state agent has been designated.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 15, 2026

Plain English — not legal advice.

For Property Managers

Property owners or managers initiating a removal action under § 31-44.2-4 generally ensure that the complaint is filed with the filing fee paid on the same day they intend to begin the service clock, since that date triggers the hearing schedule. Compliant operators coordinate with a deputy sheriff or constable to serve the summons and complaint, and they also mail a copy by first-class mail to the defendant on the same day the complaint is filed. Operators who are out-of-state or are corporations not authorized to do business in Rhode Island typically file a written agent designation with the Secretary of State to avoid service complications under this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 31-44.2-4, tenants facing a removal action for an abandoned mobile or manufactured home have the right to receive proper notice of the proceedings, including service of the summons and complaint at least five days before the scheduled hearing. If service was not completed in the manner this section requires, that procedural deficiency may be raised as a defense in the proceeding. Tenants who have questions about whether service was properly completed or who want to understand their options may benefit from contacting a tenant-rights organization or consulting with a legal aid provider familiar with Rhode Island mobile home law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 15, 2026
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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

R.I. Gen. Laws § 31-44.2-8
R.I. Gen. Laws § 31-44.2-8
R.I. Gen. Laws § 31-44.2-4
R.I. Gen. Laws ch. 31-44.2
R.I. Gen. Laws § 31-44.2-2
R.I. Gen. Laws § 31-44.2-5

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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