Massachusetts § 114 Excessive or unreasonable attachments; manner of reduction or discharge

Massachusetts Statutes

§ 114 — Excessive or unreasonable attachments; manner of reduction or discharge

Massachusetts § 114

Part IIICOURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES

Title IIACTIONS AND PROCEEDINGS THEREIN

Ch. 223COMMENCEMENT OF ACTIONS, SERVICE OF PROCESS

This text of Massachusetts § 114 (Excessive or unreasonable attachments; manner of reduction or discharge) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mass. Gen. Laws ch. 223, § 114 (2026).

Text

Section 114. If an excessive or unreasonable attachment, by trustee process or otherwise, is made, the defendant or person whose property has been attached may submit a written motion, in any county, to a justice of the court to which such process is returnable, for a reduction of the amount of the attachment or for its discharge. Notice of such motion shall be served upon each of the parties in accordance with the applicable rules of court. If, upon a summary hearing of the parties, it is found that the action is one to recover for an amount which is liquidated or ascertainable by calculation, and the attachment is for a larger sum than the amount of the claim and such additional amount as is reasonably necessary to include interest thereon and costs likely to be taxed in the action, or i

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Section 114. If an excessive or unreasonable attachment, by trustee process or otherwise, is made, the defendant or person whose property has been attached may submit a written motion, in any county, to a justice of the court to which such process is returnable, for a reduction of the amount of the attachment or for its discharge. Notice of such motion shall be served upon each of the parties in accordance with the applicable rules of court. If, upon a summary hearing of the parties, it is found that the action is one to recover for an amount which is liquidated or ascertainable by calculation, and the attachment is for a larger sum than the amount of the claim and such additional amount as is reasonably necessary to include interest thereon and costs likely to be taxed in the action, or if it appears that the amount of the claim is unliquidated and unascertainable by calculation and that the amount of the attachment is excessive or unreasonable, the court shall reduce or dissolve the attachment or order a part of the goods, estates, effects or credits to be released.