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| Problem Solver: Taking Action Editorial Staff |
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Q: How can I write a sales letter that gets results? Al Castle, president of Naples-based Appleseed Marketing Consultants, answers: Effective sales letters have several elements in common. First, you must capture the reader’s attention in the first five seconds. Use sentences that pose a question, make a personal connection, promise something free, make the reader feel important, and present something new and different. The letter next must show a need and answer it with the benefits obtained by using your product or service. Convince the reader to buy by making a special offer—a lower price, a trial offer, a free sample or a strong guarantee—or by offering some evidence of the value with testimonials. Next, request an order with a simple, clear and direct appeal. Use one or two short sentences. Finally, include a P.S. In a sales letter that’s covered many points, an effective postscript can reinforce the most powerful point. The P.S. also may include a new way to support your major sales theme. Castle, who frequently gives seminars sponsored by Florida Gulf Coast University’s Small Business Development Center, can be reached at 455-9010. Q: If a customer or a vendor breaches an agreement with me for a small amount, what kind of action can I take? Attorney Raymond Schumann answers: You first must determine whether you have a cause of action. Either consult with an attorney or do some research at the law library or online. If the amount is less than $5,000, you can file suit in small claims court, which is a division of county court. If the amount is more than $5,000, you’ll have to take the matter to county court. Next, determine whether you need to hire an attorney. If it’s a small amount, like under $1,000, it doesn’t warrant the additional attorney fees. The county’s small-claims division, located in the courthouse, has forms to draft your complaint. Fill in the blanks with your information as well as the defendant’s name and address. If it’s a corporation, limited liability company or limited partnership, you’ll need to search for the name and address of the person who is listed as the registered agent or general partner. The best bet is to go to the Florida Secretary of State’s Web site at www.sunbiz.org. You’ll be required to fill out a summons form and to serve the complaint to the person you’re suing. For $20, you can turn it over to the clerk of court, who will have the sheriff’s department serve the complaint, which I recommend. You can send the complaint via certified mail, which typically costs $12. Or you can turn over the summons to a private process server, which usually costs around $30. The defendant is typically served within a couple of days. The clerk’s office or a private process server will file evidence that the defendant has been summoned. You need to make sure that the certified mail receipt gets in the file. After you file a complaint, you will receive a pretrial conference date, typically a few weeks away. Your pretrial conference time is the same as dozens of other cases, so you’ll likely have to wait. In Lee and Collier counties, both sides are required to sit down with a mediator to attempt to resolve the dispute before trial. The mediator tries to find some middle ground, recognizing that going to trial means taking you away from your business, resulting in a loss of productivity and money. Mediation typically takes one to three hours. If that doesn’t work, the judge will set a trial date, typically 60 days after the pretrial conference. At the trial, focus on the facts and legal argument. Don’t go in front of the judge emotionally charged and don’t go off on tangents about what the customer or vendor said to you. Also, let the other side have its say. Don’t interrupt or jump up yelling, “Liar!” If you’re calm, you’re going to appear reasonable. You will receive the judge’s decision a few days later by mail. The process can take less than three months, which still can be costly in terms of time out of the office and emotional distress. There is an appeal process. I encourage people to consider mediation from an economic standpoint. At mediation, you can negotiate the dollar amount and the terms of the payment. And the mediation agreement has teeth in it. Schumann, who has offices in Fort Myers and Bonita Springs, can be reached at 415-2525. | ||