by Chu Chin Kwok

Created on: July 12, 2009

You run a business selling computers and other peripherals like printers, fax machines, scanners etc. After enjoying several years of boom your business, like many in the global economic meltdown, is now facing trying time and you have difficulties maintaining cash flow; many of your customers, especially those who pay by credit or by monthly installments, have now defaulted payment. You suddenly find out that some of your clients owe you hundreds of thousands of dollars.

Or you could be the victim of an auto accident in which a reckless truck driver rammed into your car in the middle of a busy road junction and you suffered quite serious injuries, not to mention emotional anguish and other non-physical harm. Another possible scenario is that you might be the subject of a venomous gossip, the talk of town, and some media even named you in their report of scandalous activities in which you supposedly participated.

In all the above cases, and cases similar to them, you feel strongly that you have been wronged and you would very much like to redress that wrong. You have therefore a preliminary wish to take legal action in the courts to 'put right what is wrong' and hoping at the end of the day you will be able to force your customers to pay your debt, to pay you damages commensurate with the harm afflicted on you, physical or otherwise, and to clear your good name and reputation, as the case may be. In other words, you are now considering whether to sue or not to sue - that is you are now contemplating a civil action, even though some of the cases mentioned above may involve elements of a criminal offence or felony.

Without going into too much details, I would suggest that you look into the following matters before deciding to sue or not ( for details, you probably need to consult an attorney or some one legally qualified ):

1. WHETHER YOU HAVE A 'CAUSE OF ACTION'.

Not all civil wrongs are actionable - meaning that not all wrongs suffered by you, the potential litigant or plaintiff, can be remedied by law. The law stipulates that certain actions are not maintainable. You must also consider the strength of your case: for instance, if some one called you a liar, was it done in full view of the public, as in a public gathering or meeting with hundreds of attendees? Or he called you a liar in the absence of other onlookers, just you and him?

Similarly, you need to have a 'cause of action' if you want to sue say your neighbour for causing a foul

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