Valid claim

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

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. 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

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]

References

  1. ^ "Colorable Claim". Wex. Cornell Law School. Retrieved 15 October 2021.
  2. ^ "Valid Claim". SEC. Securities & Exchange Commission. Retrieved 15 October 2021.
  3. ^ "Does museum have valid claim to native antiquities?". www.moolelo.com. Retrieved 2026-03-10.
  4. ^ "Texas Mechanic's Lien and Bond Claim Law: The Construction Lien". FindLaw. Retrieved 2026-03-10.
  5. ^ "Oklahoma Legal Research & Court Cases: Find OK Opinions at FindLaw". FindLaw. Retrieved 2026-03-10.

See also

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