Rob Mays is a member of The Van Winkle Law Firm’s Creditors’
Rights and Litigation practices. His practice in recent years has had
a particular emphasis on contested commercial collection matters and bankruptcies,
including adversary proceedings, preference and fraudulent transfer litigation,
receiverships, and lender-liability claims under the Fair Debt Collection
Practices Act and other laws. In addition to banks and other lenders,
he represents suppliers and construction trades with collection and lien
enforcement, and as creditors in bankruptcies. Rob has a particular interest
in North Carolina’s little-understood pre-judgment and post-judgment
collection procedures, including pre-judgment attachment and garnishment,
asset discovery, foreclosure of judgment liens, and charging orders. He
has served on the Bankruptcy Council of the North Carolina Bar Association.
In addition to his creditors’ rights work, Rob has successfully litigated
a wide array of complex matters in state and federal courts, including
cases involving the False Claims Act, food and drug laws, tax liabilities,
construction disputes, and claims of employment discrimination and unfair
and deceptive trade practices.
Prior to joining the firm in 2010, Rob practiced in the Washington, D.C.,
office of an international firm, where he represented multi-national corporations
in high-profile criminal and civil matters that included internal investigations
and government inquiries, trials, and appeals, including appeals to the
United States Supreme Court. Rob started his legal career as a clerk for
the Hon. Gerald B. Tjoflat, U.S. Court of Appeals for the Eleventh Circuit.
- 28th Judicial District Bar
- American Bar Association
- North Carolina Bar Association
- North Carolina Creditors Bar Association
- North Carolina State Bar
- District of Columbia Bar
Awards and Honors
- Duke University School of Law, “Outstanding Achievement Award”
Property Law, 2004.
Law & Contemporary Problems, 2003-2004.
Recent Practice Highlights
- Led several successful multi-state efforts to collect judgments against
- Represented a private equity group in efficiently liquidating major assets
of a failed bank in western North Carolina.
- Represented an international corporation in litigation against authorities
from multiple states regarding alleged liability for unemployment taxes.
- Successfully defended an employment-discrimination suit in the Middle District
of North Carolina.
Defended a multinational pharmaceutical company against
qui tam claims under the federal False Claims Act.
Rob grew up on a blueberry farm in the Ozark Mountains. He met his wife,
Katie, while in law school, and they have three boys. Together, the family
enjoys live music, working in and around their home in Asheville’s
Montford Historic District, and exploring the Blue Ridge Mountains. Rob
has an identical twin brother, Rhett, who is a physician at a local hospital.
Favorite Food: Muscadines (Rob claims to have proven that there is no toxic oral dose
Favorite Artist: His brother, B. Ryan Mays, a sculptor
Favorite Music: Hayes Carll, a college friend
Favorite Book: “Little Big Man”
- Leadership Asheville
- “Parent Champion” 2015, Asheville City Schools Foundation