Notice of Removal to Federal Court
Strategic Venue Change to Federal Jurisdiction
CRITICAL: 30-DAY DEADLINE
You have ONLY 30 DAYS from service to remove the case to federal court.
- Count from the date you were served with the complaint
- This deadline is strictly enforced - NO EXTENSIONS
- Missing the deadline means permanent waiver of removal rights
- File in federal court, not state court
- Must notify state court immediately after filing
Bases for Federal Jurisdiction
Option A: Federal Question
Use when your case involves federal law:
- FDCPA violations alleged
- RESPA violations alleged
- TILA violations alleged
- Constitutional violations (Due Process)
- Federal criminal statutes cited (18 USC)
- Federal banking regulations
This is often the stronger basis for removal.
Option B: Diversity Jurisdiction
Use when parties are from different states:
- You and the bank are citizens of different states
- Amount in controversy exceeds $75,000
- Complete diversity required (all plaintiffs vs. all defendants)
- National banks are citizens of their main office state
Often applies in foreclosure cases with out-of-state banks.
Advantages of Federal Court
- Neutral forum - Less local bank influence
- Federal judges - Life tenure, less political pressure
- Better procedures - More formal, structured process
- Broader discovery - Federal discovery rules may be more favorable
- Federal law expertise - Better for FDCPA, RESPA, TILA claims
- Jury pool - Broader geographic area
- Appeal to Circuit Court - Federal appellate system
Template Document
UNITED STATES DISTRICT COURT
[SOUTHERN/NORTHERN/EASTERN/WESTERN] DISTRICT OF [STATE]
[DIVISION, if applicable] DIVISION
Plaintiff,
(State Case No. [STATE CASE NUMBER])
[YOUR NAME]
Defendant.
DEFENDANT'S NOTICE OF REMOVAL
TO THE UNITED STATES DISTRICT COURT FOR THE [DISTRICT] DISTRICT OF [STATE]:
1. PLEASE TAKE NOTICE that Defendant [YOUR NAME] hereby removes this action from the [STATE COURT NAME] Court of [COUNTY] County, [STATE], to this Court pursuant to 28 U.S.C. §§ 1441 and 1446.
I. PROCEDURAL REQUIREMENTS
2. This Notice of Removal is timely filed within thirty (30) days after Defendant's receipt of the initial pleading. Defendant was served on [SERVICE DATE], and this Notice is filed on [TODAY'S DATE].
3. The state court action is captioned [FULL CASE CAPTION], Case No. [STATE CASE NUMBER], pending in the [COURT NAME] Court.
4. Venue is proper in this district under 28 U.S.C. § 1441(a) because this district embraces the place where the state action is pending.
II. BASIS FOR FEDERAL JURISDICTION - FEDERAL QUESTION
5. This Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) because:
A. The Complaint Involves Federal Law
Plaintiff's foreclosure action necessarily involves the resolution of substantial federal questions including validity of debt under federal banking regulations, compliance with federal mortgage servicing rules, Federal Reserve regulations regarding money creation, and constitutional due process violations.
B. Defendant's Counterclaims Assert Federal Claims
Defendant has asserted or will assert counterclaims under:
- Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.)
- Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.)
- Real Estate Settlement Procedures Act (12 U.S.C. § 2605 et seq.)
- Truth in Lending Act (15 U.S.C. § 1601 et seq.)
- RICO (18 U.S.C. § 1961 et seq.)
- Constitutional violations under 42 U.S.C. § 1983
C. Federal Defenses Are Central
Defendant's defenses include lack of consideration under federal monetary law (12 U.S.C. § 411), violations of federal criminal statutes (18 U.S.C. §§ 1584, 894, 1341), federal banking regulation violations, and constitutional due process and equal protection.
III. BASIS FOR FEDERAL JURISDICTION - DIVERSITY
6. This Court also has original jurisdiction pursuant to 28 U.S.C. § 1332 (diversity jurisdiction) because:
A. Complete Diversity Exists
- Defendant is a citizen of [YOUR STATE]
- Plaintiff [BANK NAME] is a [corporation/national association] incorporated in [STATE OF INCORPORATION] with its principal place of business in [STATE OF HQ]
- Complete diversity of citizenship exists between all plaintiffs and all defendants
B. Amount in Controversy Exceeds $75,000
- The alleged mortgage debt is $[LOAN AMOUNT]
- The property value is $[PROPERTY VALUE]
- Defendant's counterclaims seek damages exceeding $75,000
IV. SUBSTANTIAL FEDERAL ISSUES
7. This case involves substantial federal issues including:
8. The Nature of Money Creation: The fundamental issue is whether banks lend pre-existing money or create money through loan origination, implicating federal banking law and Federal Reserve regulations.
9. Federal Criminal Violations: Plaintiff's conduct allegedly violates 18 U.S.C. § 1584 (Involuntary servitude), 18 U.S.C. § 894 (Extortionate collection of credit), 18 U.S.C. § 1341 (Mail fraud), and 18 U.S.C. § 1344 (Bank fraud).
10. Constitutional Issues: Fifth Amendment Due Process violations, Fourteenth Amendment Equal Protection violations, Article I, Section 8 (Congressional power to coin money), and Article I, Section 10 (States cannot impair contracts).
V. NO PROCEDURAL DEFECTS
11. All procedural requirements for removal have been satisfied:
- This Notice is timely (within 30 days)
- Venue is proper in this district
- All defendants consent to removal (single defendant case)
- The state court has not yet entered final judgment
VI. DOCUMENTS FILED
12. Pursuant to 28 U.S.C. § 1446(a), Defendant files herewith:
- Copy of all process, pleadings, and orders from state court (Exhibit A)
- Civil cover sheet for federal court
- Filing fee or application to proceed in forma pauperis
VII. NOTICE TO STATE COURT
13. Defendant will promptly give written notice of this removal to all adverse parties and will file a copy of this Notice with the clerk of the state court, pursuant to 28 U.S.C. § 1446(d).
VIII. REQUEST FOR RELIEF
14. WHEREFORE, Defendant respectfully requests that:
- This Court accept jurisdiction over this removed action;
- This Court docket this case and issue all appropriate orders;
- The state court be notified of removal and directed to take no further action;
- All further proceedings be conducted in this federal court;
- Such other relief as the Court deems just and proper.
Respectfully submitted,
DATED: [DATE]
[YOUR NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP]
[PHONE NUMBER]
[EMAIL]
Defendant Pro Se
CERTIFICATE OF SERVICE
I hereby certify that on [DATE], I served a true and correct copy of the foregoing Notice of Removal on:
Plaintiff's Attorney:
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[CITY, STATE ZIP]
By: [ ] U.S. Mail [ ] Hand Delivery [ ] Email [ ] CM/ECF
State Court Clerk:
[COURT NAME]
[ADDRESS]
[CITY, STATE ZIP]
By: [ ] Hand Delivery [ ] Certified Mail
[YOUR NAME]
Effect of Removal
Upon filing this Notice:
- State court proceedings are automatically stayed
- State court loses jurisdiction
- Federal court assumes full jurisdiction
- All future proceedings occur in federal court
- Federal rules of civil procedure apply
Critical Filing Steps
- File in FEDERAL court - Not state court!
- Pay filing fee - Currently $405 (or file IFP application)
- Get federal case number - Assigned upon filing
- Notify state court IMMEDIATELY - Same day if possible
- Serve all parties - Within reasonable time
- File proof of state court notice - With federal court
- Monitor for remand motion - They may try to send case back
- Prepare to defend removal - Have legal arguments ready
Defending Against Remand
The opposing party may file a motion to remand (send the case back to state court). Be prepared to argue:
- Your federal claims are substantial, not merely defensive
- Federal questions are central to the case
- Diversity is complete and amount exceeds threshold
- Removal was timely and procedurally correct