Massachusetts General Laws
Mass. Gen. Laws ch. 235, § 21 (2026)
Erroneous levy on member of corporation; subsequent proceedings
✓ current as of July 2026
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Section 21. If an execution against a corporation is satisfied in whole or in part by service or levy on the person or property of a member thereof, and the property levied on or damages for the service or levy are subsequently recovered by such member from the officer or judgment creditor, the creditor, upon a motion to the court which rendered the judgment, shall be entitled to a new execution for the amount then remaining due him.
Notes of Decisions
Cited in 1
case, 1998–1998 · leading case: Sterling Eng'g & Constr. Co. v. City of Taunton, 9 Mass. L. Rptr. 101 (Mass. Super. Ct. 1998).
Sterling Eng'g & Constr. Co. v. City of Taunton, 9 Mass. L. Rptr. 101 (Mass. Super. Ct. 1998). “2 Similarly, G.L.c. 235, §21 provides that, upon motion, a “new” execution can be issued when there has been an erroneous levy on a member of a corporation.”
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