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Hart v. Clayton-Parker & Associates, Inc.

United States District Court for the District of Arizona
869 F. Supp. 774 (1994)


J.C. Penney Company (J.C. Penney) issued Hart (plaintiff) a credit card. After she failed to pay her balance, J.C. Penney assigned the account to Clayton-Parker & Associates, Inc. (Clayton-Parker) (defendant) for collection. Hart brought a lawsuit against Clayton-Parker in federal court, alleging violations of the federal Fair Debt Collection Practices Act (FDCPA) and Arizona laws against abusive debt collection practices. The court’s jurisdiction was based on the presence of a federal question; the parties were not diverse. Clayton-Parker counterclaimed against Hart for failing to pay her debt. Hart moved to dismiss the counterclaim on the ground that the court lacked subject matter jurisdiction over it.

Rule of Law


Holding and Reasoning (Broomfield, C.J.)

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