Problem Solver: Taking Action

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.