14 §2023. Validity of excess levy; remedy - Maine Statutes

Title 14: COURT PROCEDURE -- CIVIL

Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT

Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION

Subchapter 2: LEVY BY APPRAISEMENT

§2023. Validity of excess levy; remedy

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.