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  #1  
Old 05-06-2004, 12:51 PM
Mike
 
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proof of claim?



What exactly does............"proof of claim" mean?


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  #2  
Old 05-06-2004, 02:18 PM
jmunson
 
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Re:proof of claim?



most of the definitions i've readily found are a little vague:
proof of claim A formal notice provided by the creditor of the amount owed and the nature of the debt.
however, it generally means (methinks):& show me the original contract that we have with each other.
a proof of claim can be an original invoice signed by the buyer, any valid contract signed by the two parties, etc.
anyone else whos knows better, please pipe in...
jon
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  #3  
Old 05-11-2004, 10:39 PM
Scotsman
 
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Re:proof of claim?

<FONT face="times new roman, times, serif" size=3>THEE only acceptable proof of claim to me would be a certified copy signed under penalty/pergury of the actual transaction of the general ledger to the claim with ALL copy of where the deposit came from that paid for the disbursement of funds against the "loan" with all endorsements, etc shown.</FONT>
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Old 05-12-2004, 12:36 AM
Montana
 
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Re:proof of claim?



Or think of it this way, if I tell you that lent twenty dollars from me and I want it back.& You could say to me, prove that I borrowed twenty dollars from you.& So, I&made a claim that you borrowed money form me, you say to me, "prove that claim"&


How exactly would one prove that?...Just like Scotsman said in the above post.
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  #5  
Old 05-12-2004, 08:35 AM
RICKY RICKY is offline
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Re:proof of claim?

PRESENT THE CONTRACT SIGNED BY BOTH PARTIES.
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  #6  
Old 05-12-2004, 11:18 AM
Mike
 
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Re:proof of claim?



Ricky...


From my understanding, your definition makes the most sense and is probably right on.


Thanx to everyone....


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  #7  
Old 05-12-2004, 03:42 PM
iamfreeru2 iamfreeru2 is offline
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Re:proof of claim?



In a contract there must be a meeting of the minds, an agreement between two parties. All must be disclosed for the contract to be valid. If anything is hidden then the contract is null and void. Proof of claim consists of proving the contract to be valid and that both parties agreed to it and that there is nothing hidden. Also proving the signature is the original and not a forgery. There can be many requirements to a proof of claim and for some it is impossible like the IRS to prove their claim.


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  #8  
Old 10-28-2004, 10:48 PM
Ilima
 
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proof of claim?

Well if you are dealing with bankruptcy it is a B10 of which a Creditor fills out in order to state their claim to assets in the estate that is held by the trustee. A Proof of Claim fraudulantly filled carries a $500,000.00 fine. So you'd be damn sure that the Creditor will try to prove their claim under the color of law and any which way they can so they don't incur the fine.
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Old 10-28-2004, 10:59 PM
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EnSabahNur EnSabahNur is offline
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proof of claim?

Quote:
Originally Posted by iamfreeru2


In a contract there must be a meeting of the minds, an agreement between two parties. All must be disclosed for the contract to be valid. If anything is hidden then the contract is null and void. Proof of claim consists of proving the contract to be valid and that both parties agreed to it and that there is nothing hidden. Also proving the signature is the original and not a forgery. There can be many requirements to a proof of claim and for some it is impossible like the IRS to prove their claim.





iamfreeru2



Hey, that was good....you even got the meeting of the minds part in there. That is why in court a verbal contract can be upheld...if you can prove a meeting of the minds...then the rest is just details to be worked out.

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