Valid claim

In Law, a valid claim is a "grievance that can be resolved by legal action." [1] [2] It is a claim that is not frivolous, [3] nor is based on fraud. [4]

In some state court systems, a valid claim is called a Claim for relief or a Claim and delivery.

Contents

United States (Federal) law

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

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. [5]

Liens

A lien must be based on a valid claim. Under Texas law, a mechanic's lien must have a valid basis. [6] 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 law of most states, a claim against an estate must be proven or validated. [7]

References

  1. ^ Lectric Law Dictionary
  2. ^ Scott C. Gottlied, LLC web site
  3. ^ Photo Attorney web site
  4. ^ Note, Insurers struggle with arson law, found at Find-Articles.com
  5. ^ 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.
  6. ^ David D. Peden, Texas Mechanic's Lien and Bond Claim Law: The Construction Lien, found at Findlaw Library web site
  7. ^ See, e.g., Wallace v. Hill, 249 P.2d 452, 1952 OK 325 (1952). Found at Lindlaw.com web site

See also