I need some legal advice concerning a truck I bought. I purchased an extended warranty with this truck. After owning the truck for a year I had some repairs that had to be made that were under the warranty.  I find out later that there is no warranty. The dealer that is no longer in business essentially put the money in their pocket. I am in the process of filing suit against the two individuals that are father and son. I received there attorney's answer to my filing yesterday. He is saying that I have filed against the wrong entity. I recently found out receiving the attorney's paperwork that they were in a corp of some sort. I don't know if I should refile to include the the corp or leave it as it is. I have all the bill of sale and long form contract from the sale date showing the purchase of the truck and the purchase and price of the extended warranty.  What do I do?

I would suggest contacting your state attorney general and reporting what appears to be some very blatant fraud.  They'll probably be hit with criminal indictments as well if what you've said is correct, and being convicted of it criminally will basically make your suit an open-and-shut affair rather than a lengthy (read: expensive) process.

meh. not that you filed against the wrong one... you just didn't include all the right parties.  do you have a lawyer or are you doing this by yourself?

I don't have a lawyer. I have spoken to a lawyer that frequents the GA HTF. He would represent me but he knows the guy I'm filing against.

Amend your complaint to include the corporation and all of the individuals. What is your theory? Fraud? Breach of contract? Breach of warranty? Are you in small claims? Have you spoken with the county attorney about the fraud issue?

It is in my opinion plain out thievery.  I paid for the warranty and the warranty company doesn't have my truck's vin in its records. The owner's son I dealt with at the dealership (which has been closed by the state by the way for not paying state sales tax) asked me I I wanted my money back for the warranty or a new warranty issued? I asked for my money back. He then stated he would sell some cars at the auction to settle up with me. That is the last I hear from him. The venue is in a different county from where the truck was purchased. I have all the paperwork from the bill of sale to the credit union application showing the price of the extended warranty. The police in the county where the truck was purchased said they couldn't write up a report on it since it couldn't be proven that they indeed took the money. All of this is taking place in small claims court. Is there a chance they could get out of it by not including the corp? The corporation couldn't cash the check. The corporation didn't pocket the money. If you were in a car accident with a coca-cola truck, would you file against the company and the driver or just the company or just the driver?

If you got hit by a coca cola truck you sue coca cola, not the driver. You have a lot of issues at play with your warranty. You really should pay for someone to assist you locally. And yes, they could potentially get the suit dismissed if you don't name the proper party. However, there are reasons that in your case you want to name the corporation and the individuals. If the corp has no assets you want to pierce the corporate veil.

No, you sue CocaCola AND the driver.

sue everyone and let them fight for dismissal!  Seriously tho, you should find an attorney.