An improperly served writ of execution takes effect once it has been received, the Superior Court has ruled in an apparent case of first impression, holding the writ was not tolled until PayPal filed its answer to interrogatories.
A unanimous three-judge panel ruled Nov. 12 that PayPal was liable for a judgment of more than $150,000 after it failed to place an injunction on the funds for eight days after a writ of execution was improperly served. The company had been improperly served the writ of execution but then failed to object to the improper service.
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