Tennessee Debt Collection Law: America at Its Best

Kelly Dicken,
Finkelstein, Kern, Steinberg, & Cunningham, P.C.

Today, The National List published the white paper on debt collection law in Tennessee, written by Kelly Dicken of Finkelstein, Kern, Steinberg, & Cunningham, P.C. (FKSC). Since their inception in the 1930s, FKSC has practiced in many different areas. For over 50 years, the firm has been a recognized leader in the legal collection industry. Their main focus is retail and commercial debt collection. They also practice in the fields of corporate law, family law, insurance subrogation, wills and estate matters and personal injury litigation. They have been a member of The National List of Attorneys since 1976. 

Located in Knoxville, TN, FKSC handles a high volume of debt collection matters across the states of Tennessee, Alabama, and Mississippi. The firm offers experienced and highly trained in-house debt collection, skip tracing, compliance, audit, and paralegal teams that handle all phases of the legal collection process. The firm is active in the Commercial Law League of America (CLLA), the National Association of Retail Collection Attorneys (NARCA), and the Debt Buyers Association (DBA). Ron Cunningham, President of FKSC, also founded the Tennessee Creditors’ Bar Association and serves as the current President.

Kelly Dicken has been with FKSC for seven years and working in the debt collection industry for eight years. Her practice is about 90 percent collections, and FKSC is about 70 percent. Kelly practices in the areas of retail collections, commercial litigation, and juvenile law. She attained her J.D. degree from the University of Tennessee. Kelly is Executive Vice President of FKSC, and additionally, she serves as Secretary for the Tennessee Creditor’s Bar Association and Director/Chairwoman of the Legislative Committee.

Debt collection has taught Kelly that “there are good, honest people on both sides of the issue. I enjoy the constant challenges and the learning opportunities presented by issues and questions that arise. I never get bored at my job, and it allows me to always expand myself as a person as well as an attorney.”

Kelly tells us, “There is currently some unique legislation that is before the General Assembly of TN that will benefit debt buyers and banks in TN if it is passed in the next few weeks.” Keep your eye on the media and the NL Insider for more conclusive news on the situation.

In the paper, we read, “Debt collection in Tennessee is experiencing litigation under the FDCPA primarily in the federal courts. A particular area with heavy litigation involves the issue of debt buyers and the legal chain of title showing ownership of the debt, as well as necessary underlying documentation of the debt. Tennessee is an ‘appearance’ state that requires the presence of an attorney at all legal proceedings. Tennessee law also allows the Plaintiff to take a voluntary dismissal, commonly referred to as a ‘nonsuit,’ up to two times on the same cause of action.”

FKSC has won several performance awards from our clients, including the Top Performing Firm in the Southeast. They helped finance the building of an orphanage for children whose parents were victims of Aids in Kenya, and they raise money throughout the year for various charities. Several of the attorneys in the office are Chairman of the Boards of local charities.

Kelly lives in Knoxville, TN. She is an avid gardener, and loves growing all kinds of heirloom vegetables, fruits and flowers. She is happily married to Cameron Dicken, the Performance Manager at FKSC. They have two boys, age two and three. “They are joys of my life and constantly motivate me to do what I can to make this world a better place.”

The National List thanks Kelly for submitting this paper and for telling us something about herself and her firm. You can access the paper at http://www.nationallist.com/white_papers/tennessee.