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.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title II - Actions and Proceedings Therein
Chapter 223 - Commencement of Actions, Service of Process
Section 1 - Transitory Actions; General Provisions
Section 2 - Transitory Actions; District Courts
Section 2a - Consolidation of Pending Actions Arising Out of Same Accident or Transaction
Section 2c - Actions Arising Out of Same Accident or Transaction; Procedure After Transfer
Section 3 - Transitory Actions; Enumeration
Section 5 - Actions by the Commonwealth
Section 6 - Counties; Actions by or Against
Section 7 - Defective Ways, etc.; Negligence Actions
Section 8 - Corporations; Actions by or Against
Section 8a - Reciprocal or Inter-Insurance Exchange; Transitory Actions by or Against Subscribers
Section 9 - Transitory Actions by or Against City of Boston
Section 10 - Actions by City of Boston; Transfer From County of Suffolk
Section 11 - Executors or Administrators; Transitory Actions by or Against
Section 12 - Land Title Actions
Section 15 - Erroneous Venue; Procedure
Section 19 - Unknown Defendant; Procedure
Section 20 - Process; Issuance
Section 31 - Summons; Leaving at Last Known Address, Etc.
Section 31a - Summons; Service Upon Persons Engaged in Voting
Section 34 - Further Notice to Absent Defendant
Section 35 - Process; Duty of Officer to State Place of Service in Return
Section 37 - Corporations; Persons Authorized to Be Served
Section 38 - Foreign Corporations
Section 39 - Foreign Insurance Company; Manner of Service
Section 39a - Service on Certain Insurance Companies Severally, or Jointly and Severally, Liable
Section 39b - Reciprocal or Inter-Insurance Exchange; Service on Attorney in Fact of Subscribers
Section 40 - Voluntary Associations, Service On
Section 42 - Property Subject to Attachment
Section 42a - Amount Liquidated or Ascertainable by Calculation; Limitation on Attachment
Section 43 - Cars and Vessels; Attachment
Section 44 - Ships or Vessels; Conditions Precedent
Section 44a - Motor Vehicles; Conditions Precedent
Section 45 - Property of Newspaper Offices
Section 45a - Attaching Officer; Powers to Require Security
Section 47 - Successive Attachments on Different Writs
Section 48 - Keeper; Appointment; Costs
Section 49 - Attached Personalty; Keeping on Owner's Premises
Section 52 - Personalty; Attachment of Proceeds of Sale
Section 53 - Further Attachment of Replevied Property
Section 54 - Replevin; Liability of Plaintiff for Value
Section 55 - Death or Removal of First Attaching Officer
Section 56 - Death or Removal of First Attaching Officer; Procedure in Subsequent Attachment
Section 57 - Replevied Property; Mode of Attaching
Section 58 - Death of Attaching Officer; Continuance of Attachment
Section 59 - Duration of Attachment After Judgment
Section 62 - General Provisions
Section 63 - Copy of Writ; Deposit in Registry of Deeds
Section 64 - Attaching Officer; Duty
Section 65 - Register; Duty; Fees
Section 66 - Attachment; Time of Taking Effect
Section 67 - Fraudulently Conveyed Realty; General Provisions
Section 68 - Fraudulently Conveyed Realty; Duty of Register
Section 69 - Papers in Actions in Federal Courts; Duties of Registers
Section 70 - Encumbered Realty
Section 71 - Attachment of Shares of Stock Prohibited
Section 72 - Attachment of Property in Possession of Bailee; Limitation
Section 73 - Carrier or Warehouseman; Property in Possession
Section 74 - Mortgaged or Sold Under Conditional Sales Contract
Section 75 - Mortgagee, Lienor, or Conditional Vendor; Duty to State Account
Section 76 - Excessive Demands; Penalty
Section 77 - Proceeds of Sale; Payment of Creditors
Section 78 - Redemption of Mortgage; Duty of Debtor to Repay Redemption Price
Section 79 - Holder of Encumbrance; Summoning; Examination
Section 80 - Amount Due; Determination
Section 81 - Validity of Mortgage; Determination
Section 82 - Creditor to Retain Amount Paid by Him
Section 83 - Creditor; Right to Hold Property Until Repaid Upon Failure to Recover Judgment
Section 83a - Application of Secs. 74 to 83
Section 84 - Insufficient Service of Process; Dismissal of Action or Further Service
Section 86a - Equitable Attachments; Allowance After Entry of Judgment
Section 87 - Sale of Attached Personal Property
Section 88 - Perishable Property; Appraisal and Sale
Section 89 - Perishable Property; Appraisal and Sale; Proceedings
Section 90 - Absent Defendant; Notice
Section 91 - Appraisers; Manner of Appointment
Section 92 - Perishable Property; Sale After Appraisal
Section 93 - Perishable Property; Delivery to Debtor; Condition
Section 94 - Bond; Duty to Return With Writs
Section 95 - Action on Bond; Executions for Costs Against Attaching Creditors
Section 97 - Action on Bond; Distribution of Money by Court
Section 98 - Action on Bond; Protection of Prior Attachments
Section 99 - Action on Bond; Right of Creditor Not Joining
Section 100 - Action on Bond; Limitation
Section 101 - Creditors; Payment and Satisfaction
Section 102 - Appraisal at Request of Part Owner
Section 103 - Delivery to Part Owner; Conditions Precedent
Section 104 - Pledge of Property
Section 106 - Dissolution of Prior Attachment: Application
Section 107 - Affidavit and Bond
Section 108 - Dissolution of Prior Attachment; Finding of Court
Section 109 - Dissolution of Prior Attachment; Effect of Pleadings
Section 110 - Dissolution of Prior Attachment; Defences
Section 112 - Proceeding Upon Appeal
Section 113 - Judgment; Force and Effect
Section 113a - Method of Dissolving, Discharging or Reducing Attachments
Section 114 - Excessive or Unreasonable Attachments; Manner of Reduction or Discharge
Section 114a - Real Estate Attachments; Expiration by Operation of Law
Section 115 - Dissolution of Attachment Upon Exhaustion of Appellate Review
Section 115a - Failure of Service Upon Defendant
Section 116 - Death of Defendant
Section 117 - Attaching Officer; Liability for Net Proceeds
Section 118 - Liability of Creditor for Proceeds Paid Over to Him
Section 120 - Dissolution of Attachment Upon Giving of Bond
Section 121 - Bond; Hearing Before Approval
Section 122 - Debtor's Fees and Costs
Section 123 - Debtor's Bond; Filing
Section 124 - Release of Sureties of Insolvent Debtor
Section 125 - Bond to Pay Value of Property
Section 127 - Fraudulently Conveyed Realty
Section 129 - Individual Property of One Defendant
Section 130 - Dissolution of Attachment Upon Appointment of Receiver
Section 131 - Discharge of Receiver
Section 132 - Dissolution of Attachment of Real Estate Upon Release by Plaintiff