Perfecting Judgments and Reaching Assets: A Practical Guide to Pre- and Post-Judgment Collection

Rob Wildstein | Bodker, Ramsey, Andrews, Winograd & Wildstein

Rob Wildstein is a Principal at Bodker, Ramsey, Andrews, Winograd & Wildstein, P.C., representing local, regional, and national clients engaged in all areas of business, including professional services, technology, health care, real estate, and manufacturing. For over 30 years, Rob has developed a broad base of experience to serve the diversified needs of his commercial and individual clients. He serves as a strategic advisor to numerous clients and resolves complex issues through determined and proficient representation. Rob is result-oriented and committed to handling client matters in the most efficient, timely, and cost-effective manner, and holds leadership positions in various community and civic organizations.

• Education & Credentials

Rob earned his B.A. from Northwestern University with honors, his J.D. from the University of Georgia cum laude, and his LL.M. in Litigation from Emory University. He is admitted to practice in Georgia, the U.S. Court of Appeals for the Eleventh Circuit, the U.S. District Court for the Middle District of Georgia, and the U.S. District Court for the Northern District of Georgia.

• Recognition & Leadership

Rob has been recognized as AV Rated by Martindale-Hubbell, the highest possible rating, and is an AVVO Top Rated Attorney. He was named to Best Lawyers in America by Best Lawyers in 2021, recognized as a Georgia Super Lawyer by Atlanta Magazine from 2006 to 2021, and included in Georgia Trend’s Legal Elite from 2007 to 2009.

• Professional Involvement

Rob is a member of the American Bar Association, the State Bar of Georgia, the Atlanta Bar Association, the Decatur-DeKalb Bar Association, the Lawyers Club of Atlanta, the Association of Trial Lawyers of America, the Georgia Trial Lawyers Association, and the Atlanta Volunteer Lawyers Foundation. He is also involved with Emory University Transactional Law Meets. In his community, Rob has served as Past President, Officer, and Board Member of Ahavith Achim Synagogue; Officer and Board Member of Greenfield Hebrew Academy; Board Member of The Weber School; and Attorney Coach for the Weber Mock Trial Team.

• Experience

Rob’s practice areas include Litigation, Trial Practice, Construction, Business Contracts and Transactions, Commercial Real Estate, and Corporate and Transactional matters. He has successfully represented clients in notable cases including Vick v. Tower Place (Ga. App. 2004), representing a landlord in a tenant default and personal guarantee matter; Skipper Sams, Inc. v. Roswell-Holcomb Associates, Ltd., 247 Ga. App. 237 (2000), defending a landlord in an alleged lease breach suit; Philips Medical Systems North America v. Diagnostic Equipment Services, 213 Ga. App. 236 (1994), representing a national equipment manufacturer in a case of first impression in Georgia on a breach of warranty claim; Wurlitzer Co. v. Watson, 207 Ga. App. 161 (1993), representing a national piano company in a breach of contract matter; Habachy v. Georgia Health Group, P.C., 207 Ga. App. 288 (1993), representing a regional health care company in an employment claim; Levinson v. American Thermex, Inc., 196 Ga. App. 291 (1990), representing an individual on a personal guaranty suit; and Chase & Taylor, Inc. v. Milam, 179 Ga. App. 844 (1986), representing a broker in a real estate commission claim. Rob has also been a frequent CLE presenter, with engagements including Advanced Collection Strategies (NBI, 2009), Judgment Enforcement (Lorman, 2009), Post Judgment Collection: Getting Debtors to Pay (NBI National Teleconference, 2009), Commercial and Residential Landlord and Tenant Law in Georgia (Lorman, 2009), Landlord and Tenant Law in Georgia (Lorman, 2008), Residential Landlord-Tenant Law in Georgia (Sterling Education Services, 2008), Drafting and Enforcing Commercial Leases (Sterling Education Services, 2007–Present), Landlord-Tenant Law in Georgia (Sterling Education Services, 2007–Present), Advanced Lease Enforcement Law and Techniques in Georgia (Lorman, 2005), A Practical Guide to Commercial Eviction in Georgia (NBI, 2005), Civil Litigation Discovery Seminar (ICLE, 1996), and the Post-Judgment Collections Seminar (ICLE, 1992–Present).

John Mayer | Ross, Banks, May, Cron & Cavin

John Mayer is an attorney with Ross, Banks, May, Cron and Cavin, P.C., certified in Civil Trial Law by the Texas Board of Legal Specialization since 1989 and Martindale-Hubbell AV® Preeminent™ Peer Review Rated. His practice encompasses judgment enforcement, creditors’ rights, debt collection, bankruptcy matters, and civil trial work, with decades of courtroom and instructional experience serving creditor-side clients across Texas and federal forums.

• Education & Credentials

Mr. Mayer earned his J.D. from The University of Texas School of Law in Austin, Texas in 1973, and his B.A. from the University of New Mexico in Albuquerque, New Mexico in 1970, where he was elected to Phi Beta Kappa. He was admitted to the State Bar of Texas in 1973 and is licensed to practice in all Texas State Courts; the U.S. District Courts and Bankruptcy Courts for the Northern, Eastern, Western, and Southern Districts of Texas; the Fifth U.S. Circuit Court of Appeals; and the U.S. Supreme Court.

• Recognition & Leadership

Mr. Mayer has been Certified in Civil Trial Law by the Texas Board of Legal Specialization from 1989 to the present and holds a Martindale-Hubbell AV® Preeminent™ Peer Review Rating.

• Professional Involvement

Mr. Mayer has been a Member of the Commercial Law League of America since 1974 and is a Member of the State Bar of Texas and the Houston Bar Association.

• Experience

Mr. Mayer’s representative cases include Freeman v. Northwest Acceptance Corp., 754 F.2d 553 (5th Cir. Tex. 1985); Silver Threads, Inc. v. Insurance Co. of North America, 530 S.W.2d 874 (Tex. Civ. App.Houston [1st Dist.] 1975); In re Mark D. Smith, 397 B.R. 810 (Bankr. E.D. Tex. 2008); and In re Triplex Marine Maintenance, Inc., 258 B.R. 659 (Bankr. E.D. Tex. 2000). He is an extensively published author and speaker on creditors’ rights, judgment enforcement, and bankruptcy topics, with publications and presentations including Fraudulent Transfers (State Bar of Texas Collections and Creditors’ Rights Course, 2003, 2005, 2007, 2010, 2011, 2012, and 2016; University of Houston Law Foundation, 2007–2009; and NBI, 2012); Strategies on Enforcing Judgments – Judgment Liens, Execution, Garnishment (Rossdale CLE, 2014, 2015, 2019, and 2020); Asset Searches and Impact of Bankruptcy on Judgment Enforcement (Lorman Education Services, Judgment Enforcement in Texas, 2012); Making Your Judgment More Than Just a Judgment (South Texas College of Law Advanced Civil Litigation Institute, 1989); Post Judgment Discovery (State Bar of Texas Collections and Creditor’s Rights Course, 2005); Post Judgment Remedies (Houston Bar Association, 1993; University of Houston Law Center, 2006); Post Judgment Remedies: Tips for Litigators From a Creditors’ Rights Attorney (State Bar of Texas Advanced Civil Trial Course, 2006); Prejudgment Remedies – Garnishment, Attachment, Sequestration, Distress Warrants, Temporary Restraining Orders and Temporary Injunctions (Texas State Bar Advanced Civil Trial Course, 1983, 1984, 1987, 1988, 1989, and 1990; Texas State Bar Debt Collection Institute, 1987); Extraordinary Remedies – Sequestration, Receivership, Garnishment, Attachment and Distress Warrants (Texas Center for the Judiciary, 2003); Bankruptcy Strategies for Creditors (Texas Bar Collections and Creditors’ Rights Course, 2009 and 2019); Collection of Out of State Judgments (NBI, 2012); Collection Law Update in Texas (Lorman, 2015); Fair Debt Collection Practices (College of the State Bar Summer School, 2014) and Fair Debt Collection Practices Act (NBI, 2012); Ten Commandments of Ethical Collections (Houston Bar Association, 2012; State Bar of Texas, 2013, 2014, and 2015; College of the State Bar Summer School, 2014); Ethics for Collection Attorneys and Their Staff (University of Texas School of Law, 2012); Ethical Issues Related to Debt Collection and Enforcement of Judgments (Rossdale CLE, 2011); Using the UCC in Litigation (State Bar of Texas Advanced Collections and Creditors’ Rights Course, 2017); Article 2 Cases and Excuses (University of Texas School of Law, 2010); Introducing Physical Evidence at Trial (NBI, 2022); Proper Closing Procedures (NBI, 2024); Real Property Foreclosure: An In-Depth Walk-Through With Legal Considerations (NBI, 2009); and What Is a Payment in the Ordinary Course of Business? – Preference Defense of Section 547(c)(2) of the Bankruptcy Code, 94 Commercial Law Journal 358 (Fall 1989), among numerous other CLE presentations spanning commercial evictions, summary judgments, demand and notice letters, dischargeability actions, creditors’ defenses during bankruptcy, mediation and settlement strategies, and business records as evidence.

Session I – Foundations of Asset Discovery and Judgments | 1:00pm – 2:00pm

• Pre-judgment planning and investigation
• Pre-judgment enforcement tools
• Obtaining and perfecting the judgment
• Post-judgment discovery
• Compliance considerations

Break | 2:00pm – 2:10pm

Session II – From Paper Judgment to Paid Judgment: A Practical Playbook for Post-Judgment Collection | 2:10pm – 3:10pm

• Judgment liens: Perfecting liens via abstracts of judgment, priority considerations, duration/dormancy, and practical risks (including technical defects and release issues)
• Writs of execution: Timing, levy procedures, identifying non-exempt property, sale mechanics, and execution pitfalls (storage costs, third-party ownership claims, security interests)
• Writs of garnishment: Using garnishment as a targeted tool against banks/third parties, required affidavits and service strategy, what property/debts can be reached, and exposure for wrongful garnishment and fees
• Turnover orders, receivers, and charging orders: When execution/garnishment isn’t enough: Leveraging court injunctive power through turnover and receivership to capture revenues/records, and using charging orders to reach LLC/partnership distributions (and the built-in limitations)