Collection self-defense resource

Removal vs. Remand in Federal Court: What You Must Know

Removal vs Remand Must Know Procedures
See Description and What is Included Below

Membership Required

Join Our KillDebt.com Family For Access to this Video, Documents & Templates!

Get UNLIMITED ACCESS TO ALL CONTENT across the website by becoming a member.

Get Unlimited Website Access

Or if this is all you need, you can get access to just these files on this page by clicking the link below.

Get Access to This Page Only
Already a member? Log in here

Removal vs. Remand in Federal Court: What You Must Know

Includes Full-Length Instructional Video, Document Downloads, Key Points & Practical Strategies
Federal Court Removal vs. Remand: Strategic Guide for Debt Collection Defense and Consumer Protection Cases
 
Here, Brian presents a comprehensive guide explaining the critical concepts of removal and remand in federal court, particularly in debt collection and consumer protection cases. Attorney Brian Parker breaks down how defendants (typically banks and debt collectors) can remove cases from state court to federal court under two main grounds: federal question jurisdiction (like FDCPA violations) or diversity of citizenship with amounts exceeding $75,000. The video uses the Booze v. Ocwen case as a practical example, showing how mortgage servicers removed a case involving improper convenience fees from state to federal court. The content provides essential strategic insights for both attorneys and consumers, including strict 30-day timing requirements for both removal and remand motions, the mandatory fee-shifting provisions under 28 USC 1447(c) for improper removals, and tactical considerations for when to assert federal claims. Parker emphasizes that while corporations prefer federal court for its structured environment, consumers can successfully navigate federal proceedings and even benefit from the black-and-white nature of federal rules, especially when seeking attorney fees for wrongful removal. Good luck.
 

Document included with this video:

  • Show Notes: Removal vs Remand Must-Know Procedures (pdf)

DISCLAIMER

Please remember that anyone viewing or listening to this information is not forming an attorney-client relationship and that we are not practicing law in any state with this membership. This is a membership site strictly informational and educational. These videos, podcasts, and templates are not advice to do anything, and an attorney-client relationship is not being created or attempted in any way. This information is strictly informational to assist anyone seeking another research tool towards solving whatever problem or issue that brought you to these resources, similar to the way you would search for something in “Google” as part of your research.

Your purchase or use of our content or forms again does not create an attorney-client relationship. Though Brian Parker is a proud member of the State Bars of Florida and Michigan, this is a source of research and insight into how Brian Parker’s mind operates and how he perceives the practice of law when it is used for the benefit of victims Mr. Parker has represented in the past.

Lastly, purchase what you need knowing it is for general research and that I am not practicing law for you. Use your specific state laws and rules when producing your finished product. The use of the information on this website is not be resold, shared, or spread to any person who is not a paying member of this site. Thank you.

Hi, I am Brian Parker. My collection solutions leverage more than 30 years of rigorous legal battles and lawsuits against creditors and financial bad guys across various state and federal jurisdictions (I have seen it all). From insightful video tutorials and comprehensive course materials to a wealth of customizable legal documents, we equip you with battle-tested strategies to fortify your collection self-defense. Each video distills decades of legal wisdom and content into digestible, 10-30 minute segments, backed by a trove of research and practical tools (behind the curtain people rarely see), promising unmatched value for your membership investment.