Valid claim explained

In law, a valid claim or colorable claim is a claim that is strong enough to have a reasonable chance of being determined both valid based upon its being sufficiently supported by law and provable fact to be plausibly proved in court.[1]

United States (Federal) law

Valid claim is used in a number of different contexts in Federal law.

Within the area of United States patent law, a valid claim is a claim of an issued and unexpired, legally enforceable patent.[2]

Under US bankruptcy law, a creditor must have a valid claim in order to attend the creditors' meeting and to collect all or part of a debt.

A valid claim is used to describe beneficial interest in antiquities under the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990.[3]

Liens

A lien must be based on a valid claim. Under Texas law, a mechanic's lien must have a valid basis.[4] Under New York law, a lis pendens, or notice of pendency of a claim against real property, must be valid, such as a pending divorce lawsuit. Under the laws of most US states, a claim against an estate must be proven or validated.[5]

See also

Notes and References

  1. Web site: Colorable Claim . Wex . Cornell Law School . 15 October 2021.
  2. Web site: Valid Claim . SEC . Securities & Exchange Commission . 15 October 2021.
  3. Note, Does museum have valid claim to native antiquities?, The Honolulu Advertiser, August 8, 2004, found at moolelo.com web site. Retrieved September 5, 2007.
  4. David D. Peden, Texas Mechanic's Lien and Bond Claim Law: The Construction Lien, found at Findlaw Library web site
  5. See, e.g., Wallace v. Hill, 249 P.2d 452, 1952 OK 325 (1952). Found at Lindlaw.com web site