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.

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]

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References
  1. Lectric Law Dictionary
  2. Scott C. Gottlied, LLC web site Archived September 27, 2007, at the Wayback Machine
  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
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