Valid claim
This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these messages)
|
A valid or colorable claim in law 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]
In United States law
[edit]The term "valid claim" is used in a number of different contexts in federal law. Under United States bankruptcy law, a creditor must have a valid claim in order to attend a creditors' meeting and collect all or part of a debt.[citation needed] Under United States patent law, a valid claim is a claim of an issued and unexpired, legally enforceable patent.[2]
"Valid claim" is also the terminology used to describe beneficial interest in antiquities under the 1990 Native American Graves Protection and Repatriation Act.[3]
Liens
[edit]A lien must be based on a valid claim.[citation needed] 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.[citation needed] Under the laws of most US states, a claim against an estate must be proven or validated.[5]
References
[edit]- ↑ "Colorable Claim". Wex. Cornell Law School. Retrieved 15 October 2021.
- ↑ "Valid Claim". SEC. Securities & Exchange Commission. Retrieved 15 October 2021.
- ↑ "Does museum have valid claim to native antiquities?". www.moolelo.com. Retrieved 2026-03-10.
- ↑ "Texas Mechanic's Lien and Bond Claim Law: The Construction Lien". FindLaw. Retrieved 2026-03-10.
- ↑ "Oklahoma Legal Research & Court Cases: Find OK Opinions at FindLaw". FindLaw. Retrieved 2026-03-10.