Case 2:09-cv-06373-ODW-CW Document 9

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Sareen Bezdikian Chalekian, SBN 229165 Law Offices of Sareen B. Chalekian 70 S. Lake Avenue, 10th Floor Pasadena, California 91101 Telephone: (866) 528-5354 Facsimile : (866) 528-5354 sareen@chalekianlaw.com Attorneys for Defendant National Attorney Collection Services, Inc. IN THE UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION

Sharon Walker Plaintiff, vs.

Case No: CV 09-6373 ODW (CWx)

DEFENDANT NATIONAL ATTORNEY COLLECTION SERVICES, INC.S ANSWER AND DEMAND FOR JURY TRIAL Defendant.

National Attorney Collection Services, Inc.

Defendant National Attorney Collection Services, Inc. (NACS), by and through its undersigned counsel, files its Answer to Plaintiffs Complaint, and states: INTRODUCTION 1. No answer required. Paragraph 1 contains no allegations of fact. It is merely Plaintiffs counsels view of the law. To the extent a response is deemed required, NACS states that the FDCPA speaks for itself while denying the contents of said paragrph to the extent, if any, that it misstates or otherwise misconstrues the FDCPA or case law interpreting the FDCPA. 2. In response to Paragraph 2, NACS admits that Plaintiff brings this action

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making the allegations set forth by Plaintiff, but NACS denies that it violated any law, and is without information or knowledge sufficient to either admit or deny Plaintiffs motivation in filing this action, and thus denies same. 3. NACS has insufficient information and knowledge to either admit or deny the allegations in Paragraph 3 of Plaintiffs Complaint and therefore denies the same. JURISDICTION AND VENUE 4. NACS admits that this Court has jurisdiction of this matter. 5. NACS admits that it maintains a business office in the State of California and that this Court has personal jurisdiction of this matter.. 6. NACS is without knowledge with respect to the allegations contained in Paragraph 6 and therefore these allegations are denied. 7. NACS denies the allegations contained in Paragraph 7. PARTIES 8. NACS is without knowledge with respect to the allegations contained in Paragraph 8 and therefore these allegations are denied. 9. NACS denies that its business office is in Glendale, but admits the remaining allegations in Paragraph 9. 10. In response to Paragraph 10, NACS admits that at times it may be deemed a debt collector a s defined by the 15 U.S.C. Section 1692a(6) but states that it has insufficient information or knowledge to either admit or deny that it was a debt collector in the instant action. NACS admits the remaining allegations. FACTUAL ALLEGATIONS 11. NACS denies the allegations contained in Paragraph 11. 12. NACS denies the allegations contained in Paragraph 12. 13. NACS denies the allegations contained in Paragraph 13. 14. NACS denies the allegations contained in Paragraph 14.

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15. NACS denies the allegations contained in Paragraph 15. 16. NACS denies the allegations contained in Paragraph 16. 17. NACS denies the allegations contained in Paragraph 17. COUNT I DEFENDANT VIOLATED THE FAIR DEBT COLLECTION PRACTICES ACT 18. NACS denies the allegations contained in paragraph 18, including all subparts. 19. NACS denies the allegations contained in paragraph 19. 20. NACS denies the Plaintiffs are entitled to the requested relief in Paragraph 20. 21. NACS denies the Plaintiffs are entitled to the requested relief in Paragraph 21. 22. NACS denies the Plaintiffs are entitled to the requested relief in Paragraph 22. 23. NACS denies the Plaintiffs are entitled to the requested relief in Paragraph 23. 24. NACS denies the Plaintiffs are entitled to the requested relief in Paragraph 24. 25. NACS denies each and every allegation in Plaintiffs Complaint not expressly admitted herein. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Any actions of NACS to collect the referenced debt were not false, deceptive, or misleading in any manner. SECOND AFFIRMATIVE DEFENSE Any alleged violation of applicable law in attempting to collect the

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referenced debt from Plaintiffs was not intentional and was the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such error within the meaning of 15 U.S.C. 1692k(c). THIRD AFFIRMATIVE DEFENSE The Complaint fails to allege facts sufficient to state any claims upon which relief may be granted against NACS. FOURTH AFFIRMATIVE DEFENSE The actions of NACS were not harassing, profane, obscene, vulgar or abusive in any manner. FIFTH AFFIRMATIVE DEFENSE The actions of NACS were made in good faith or with a reasonable belief that they were lawful. SIXTH AFFIRMATIVE DEFENSE Plaintiffs claims are barred as the claims were brought in bad faith and for the purpose of harassment within the meaning of 15 U.S.C. 1692k(a)(3). SEVENTH AFFIRMATIVE DEFENSE Plaintiff suffered no damage from the alleged violations by NACS and therefore is not entitled to any award of damages, attorneys fees or costs. EIGHT AFFIRMATIVE DEFENSE NACS was not a debt collector as defined under the federal law, in regard to the instant matter. NINTH AFFIRMATIVE DEFENSE Plaintiffs claims are barred by Plaintiffs unclean hands. TENTH AFFIRMATIVE DEFENSE Plaintiffs claims are barred because Plaintiffs failed to mitigate their damages. ELEVENTH AFFIRMATIVE DEFENSE

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Plaintiffs failed to exercise ordinary and reasonable care on her own behalf, and such negligence and carelessness was a proximate cause of some portion, up to and including the whole of, the damages alleged by Plaintiff and her recovery should therefore be barred or reduced.. PRAYER FOR RELIEF WHEREFORE, Defendant NACS prays for an order and judgment dismissing this matter with prejudice, and awarding NACS its reasonable attorney fees and costs and for such other and further relief as the Court deems just and proper. Respectfully submitted this 11th day of February, 2010. Law Offices of Sareen B. Chalekian s/Sareen Bezdikian Chalekian Sareen Bezdikian Chalekian Attorneys for Defendant National Attorney Collection Services, Inc. DEMAND FOR JURY TRIAL Defendant National Attorney Collection Services by and through undersigned counsel, pursuant to the provisions of Rule 38(c), Federal Rules of Civil Procedure, hereby demands a trial by jury in the above-entitled action. Respectfully submitted this 11th day of February, 2010. Law Offices of Sareen B. Chalekian s/Sareen Bezdikian Chalekian Sareen Bezdikian Chalekian Attorneys for Defendant National Attorney Collection Services, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on February 11, 2010, I electronically transmitted Defendant National Attorney Collection Services, Inc.s Answer to the Clerks Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Ryan Lee, Esq. rlee@consumerlawcenter.com Krohn & Moss, Ltd. 10474 Santa Monica Blvd., Suite 401 Los Angeles, CA 90025 Attorneys for Plaintiff

s/Sareen Bezdikian Chalekian Sareen Bezdikian Chalekian