§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.
Structure Maine Revised 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
14 §2001. Real estate levied on; appraisal
14 §2002. Appraisers sworn; view of land
14 §2003. Return contains value and description of estate
14 §2004. Appraisal when several parcels taken
14 §2005. Officer's return, contents
14 §2007. Estate held in joint tenancy taken in execution
14 §2008. Debtor's interest passes by levy
14 §2009. Levy on rents and profits
14 §2010. Part taken, damage to whole
14 §2012. Levy on leasehold; disposal of rent
14 §2013. Seizin and possession delivered; debtor not ousted
14 §2014. Levy on land fraudulently conveyed or disseized
14 §2015. Debt assigned; estate held in trust for assignee
14 §2016. Execution returned and recorded
14 §2017. Unrecorded levy void against purchaser or creditor
14 §2019. Failure of title, alias execution; debtor may convey by deed
14 §2020. Judgment assignee may bring action if estate does not pass by levy
14 §2021. Assignee may bring action in own name