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§ 9-2-24.Action by unincorporated association

Chapter 2. Actions Generally · Article 2. Parties · Last amended 1959 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-2-24 permits an unincorporated organization or association, such as a club or a trade group that has never formally incorporated, to bring a lawsuit and to prosecute that lawsuit in the association’s own name, rather than requiring every individual member to appear as a separate named plaintiff.

Full Text of § 9-2-24

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An action may be maintained by and in the name of any unincorporated organization or association.

Plain-English Summary

Not every organization bothers to incorporate. Neighborhood associations, informal clubs, and volunteer groups often operate for years without filing incorporation papers, which used to raise an awkward question: could a group like that sue in its own name, or did every member have to be named individually?

This section answers that question with a short, direct rule: an action may be maintained by and in the name of any unincorporated organization or association. The group sues as itself, the way a corporation would, without forcing each member onto the caption as a separate plaintiff.

That saves real trouble in practice. A homeowners’ group or a civic club with dozens or hundreds of members doesn’t have to round up every one of them to sign onto a complaint; the association can pursue the claim in its own name instead.

Frequently Asked Questions

Can a club or association that never incorporated file a lawsuit?

Yes. The section lets an action be maintained by and in the name of any unincorporated organization or association.

Do all the individual members of an unincorporated group have to be named as plaintiffs?

No. The group can sue in its own name under this section, without naming each member individually.

Does this section apply to every kind of unincorporated group?

The text refers broadly to “any unincorporated organization or association,” without limiting itself to a particular type of group.

Is incorporation required before a group can sue in Georgia?

Not under this section — it allows unincorporated organizations and associations to sue in their own name without incorporating first.

Does this section also let someone sue an unincorporated association, not just sue on its behalf?

This section addresses actions brought by an association; the companion provision covering actions against an unincorporated association is a separate Code section.

Amendment History

Ga. L. 1959, p. 44, § 1.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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