Mass. Gen. Laws » Part III Title II Chapter 236
Massachusetts General Laws

Mass. Gen. Laws ch. 236, § 51 (2026)

Invalid levy; remedy

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 51. If, after the return of an execution, it appears to the creditor that the land levied on, or any part thereof, cannot be held thereby, he may move the court which issued the execution to order the debtor to appear and show cause why another execution should not be issued on the same judgment, and the court may so order although there is a subsequent judgment for a part thereof not satisfied by the levy. If the debtor, after being duly summoned, does not show sufficient cause to the contrary, the levy of the former execution may be set aside and another execution issued for the amount then due on the original judgment and not included in a subsequent judgment, but without interest or further costs.

Notes of Decisions
Cited in 2 cases, 1981–1981 · leading case: Progressive Workmen's Credit Union v. Welch, 426 N.E.2d 1165 (Mass. 1981).
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Progressive Workmen's Credit Union v. Welch, 426 N.E.2d 1165 (Mass. 1981). · cites it 2× “See G. L. c. 236, § 51. The judge denied the motion “on grounds that the record does not disclose *805 nor does the plaintiff allege any invalidity in the proceedings previously instituted by it as an execution creditor securing the sale to it of property belonging to the…”
Progressive Workmen's Credit Union v. Welch, 1981 Mass. App. Div. 19 (Mass. Dist. Ct., App. Div. 1981). “This is an appeal from the denial of a motion for a new execution sought by the plaintiff under G. L. c. 236, § 51. The plaintiff is a creditor who obtained judgment and execution against the defendant in an action of contract, and later, through a representative, bought for the…”
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