When can I remove a state-court case to federal court?

You must file within 30 days of being served with the state-court complaint under 28 U.S.C. § 1446(b). You need either a federal question (e.g., FDCPA/FCRA/TCPA counterclaims) or diversity of citizenship with more than $75,000 in controversy under 28 U.S.C. § 1332.

Why would I want to remove a debt collection case to federal court?

Federal courts have more experience with consumer protection statutes, FDCPA/FCRA/TCPA counterclaims can be litigated in the same case, federal discovery rules are broader, and federal courts strictly enforce pleading standards — which can expose deficiencies in a debt buyer's complaint.

What is the 30-day deadline and can I extend it?

The 30-day deadline under 28 U.S.C. § 1446(b)(1) runs from the date you were served (not mailed or filed). It is generally strict and courts rarely grant extensions. If you miss it, removal is barred and the state court retains jurisdiction.

What do I do after filing the Notice of Removal?

Under 28 U.S.C. § 1446(d), promptly file a copy of the Notice of Removal with the state court and serve all adverse parties. The state court proceedings are automatically stayed. You must also file all state-court pleadings with the federal court and answer or move to dismiss within the federal deadlines.

Debt defense overview

Notice of Removal — 28 U.S.C. § 1446

Move to federal court.

Sued in state court? Under 28 U.S.C. § 1446, you have 30 days from service to move the case to federal court. Federal judges are more familiar with FDCPA, FCRA, and TCPA counterclaims — and federal discovery rules can expose a debt buyer’s evidentiary gaps. This wizard builds your Notice of Removal.

1State case
2Service date
3Grounds
4Counterclaims
5Federal court
6Review

State where the suit was filed *

State court name (as on the caption) *

State court case number *

Plaintiff (the creditor / debt buyer suing you) *

Your name (defendant / removing party) *

Companion tool

Motion to dismiss

Once in federal court, challenge the complaint under FRCP 12(b)(6) for failure to state a claim, lack of standing, or statute of limitations.

Open the MTD wizard

Companion tool

FDCPA + TCPA cease-and-desist

If the collector is still calling while the lawsuit is pending, send a cease-and-desist to add per-contact FDCPA violations to your counterclaim.

Open the cease-and-desist wizard

Full federal litigation support

Case Pass — $149

Notice of Removal, answer, counterclaim generator, discovery bundle, motion to dismiss, FDCPA/FCRA/TCPA violation scanner, AI Q&A, and unlimited follow-up documents for one case. 12 months.

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