creditor's claim - определение. Что такое creditor's claim
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Что (кто) такое creditor's claim - определение

SET OF FACTS SUFFICIENT TO JUSTIFY A RIGHT TO SUE TO OBTAIN MONEY, PROPERTY, OR THE ENFORCEMENT OF A RIGHT AGAINST ANOTHER PARTY.
Causes of action; Implied cause of action; Implied causes of action; Implied right of action; Implied rights of action; Private right of action; Private rights of action; Action (legal); Statement of claim; Actionable; Right of action; Creditor's claim; Legal claim; Claim (legal); Civil claim; Claim (law)

creditor's claim         
n. a claim required to be filed in writing, in a proper form by a person or entity owed money by a debtor who has filed a petition in bankruptcy court (or had a petition filed to declare the debtor bankrupt), or is owed money by a person who has died. Notice of the need to file a creditor's claim in the estate of a person who has died must be printed in a legal advertisement giving notice of death. Then a creditor has only a few months to file the claim, and it must be in a form approved by the courts. See also: claim in bankruptcy probate
actionable         
If something that you do or say to someone is actionable, it gives them a valid reason for bringing a legal case against you.
ADJ: usu v-link ADJ
Actionable         
·adj That may be the subject of an action or suit at law; as, to call a man a thief is actionable.

Википедия

Cause of action

A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse.

To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the facts or circumstances that entitle a person to seek judicial relief may create multiple causes of action. Although it is fairly straightforward to file a Statement of Claim in most jurisdictions, if it is not done properly, then the filing party may lose her case due to simple technicalities. The need to balance procedural expediency and continuity (the technicalities of which one might fall foul) expressed as “procedure rules” (be they civil or criminal) must be balanced with the highest priority of all -- to achieve justice. The court and its officers are obliged to serve justice first.

There are a number of specific causes of action, including: contract-based actions; statutory causes of action; torts such as assault, battery, invasion of privacy, fraud, slander, negligence, intentional infliction of emotional distress; and suits in equity such as unjust enrichment and quantum meruit.

The points a plaintiff must prove to win a given type of case are called the "elements" of that cause of action. For example, for a claim of negligence, the elements are: the (existence of a) duty, breach (of that duty), proximate cause (by that breach), and damages. If a complaint does not allege facts sufficient to support every element of a claim, the court, upon motion by the opposing party, may dismiss the complaint for failure to state a claim for which relief can be granted.

The defendant to a cause of action must file an "Answer" to the complaint in which the claims can be admitted or denied (including denial on the basis of insufficient information in the complaint to form a response). The answer may also contain counterclaims in which the "Counterclaim Plaintiff" states its own causes of action. Finally, the answer may contain affirmative defenses. Most defenses must be raised at the first possible opportunity either in the answer or by motion or are deemed waived. A few defenses, in particular a court's lack of subject matter jurisdiction, need not be pleaded and may be raised at any time.