Wrongful Levy Law and Legal Definition
Wrongful levy is a levy made by the sheriff or other officer constituting an improper and illegal exercise of authority as a cover for illegal conduct on the part of the officer. It may be made:
1) upon exempt property which is excessive in reference to the amount of property seized; or
2) upon the property of a person other than one named in the writ.
The following is an example of a case law defining wrongful levy:
“A levy is wrongful against a person if the levy or sale pursuant to levy will or does effectively destroy or otherwise irreparably injure such person's interest in the property.” [Bank of Nebraska v. United States, 949 F.2d 262, 264 (8th Cir. Neb. 1991)]
