Short answer. Only the excess gets discharged, not the whole attachment. Rule 57, Section 13 lets the property owner move to set aside or discharge an attachment that is excessive, and the rule expressly limits the relief to the excess when that is the ground raised. The rest of the attachment continues to secure the plaintiff's claim.
What the law says
If the attachment is excessive, the discharge shall be limited to the excess.
Rule 57, Section 13 — Discharge of attachment on other grounds. Read the full provision →
Excess only, not the entire attachment
When a sheriff attaches property to secure a plaintiff's claim, the value attached is supposed to match what is realistically at stake in the case, not far exceed it. Rule 57, Section 13 of the Rules of Court gives the owner of the attached property a specific remedy for exactly this problem. If the attachment is excessive, the discharge shall be limited to the excess. The court does not have to choose between leaving the whole attachment standing and lifting it entirely — it can trim the levy down to what the claim justifies and release only the surplus property or value back to the owner.
How to raise it
The rule lets the property owner file a motion with the court in which the action is pending, and this can be done before levy, after levy, or even after the attached property has already been released. Excessiveness is only one of several grounds the same section covers — the others are that the attachment was improperly or irregularly issued or enforced, or that the attaching party's bond is insufficient. If the motion is supported by affidavits, the attaching creditor may answer back with counter-affidavits or other evidence defending the amount and manner of the levy.
What the court has to find first
A motion to discharge does not get granted automatically just because the owner feels the levy was too large. The rule requires due notice and hearing before the court rules, so the attaching party gets a chance to justify the scope of the attachment. Only after that hearing, and only if it actually appears that the attachment is excessive and the defect is not cured forthwith, will the court order the discharge — limited, in an excessiveness case, to whatever portion of the levy goes beyond what secures the claim.
What remains attached
Because the remedy is partial by design, property or value equal to the claim, interest and costs the attachment is meant to secure stays under attachment even after a successful motion. Only the surplus is released. This is different from a discharge on the ground that the attachment was improperly or irregularly issued in the first place, or that the bond backing it is insufficient — those grounds can free the property entirely rather than just trimming it down. Which ground actually fits depends on the specific facts of how the levy was carried out.