Maine Statutes

§ 14 §2023 — Validity of excess levy; remedy

Maine·Title 14 COURT PROCEDURE -- CIVIL·Part 4 PROCEEDING AFTER VERDICT OR JUDGMENT·Ch. 403 TITLE TO REAL ESTATE BY LEVY OF EXECUTION
When, by an error of the officer, the amount for which the levy was made exceeds the amount of debt or damage, costs, interest and costs of levy, by a sum not greater than 1% thereof, it is valid if otherwise legally made. The debtor or owner of the estate may maintain a civil action against such officer or his principal to recover all damages occasioned thereby, or a civil action against the creditor to have such error corrected, and the court may correct it, in any just and equitable manner, or it may decree a pecuniary compensation for the injury.

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