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§ 9-2-25.Action against unincorporated association; service of process; venue; what property bound by judgment

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

In one sentenceO.C.G.A. § 9-2-25 lets a plaintiff sue an unincorporated organization or association directly for any claim that could be brought against its members, sets out how to serve process on the group, fixes venue in any county where it operates, and limits judgment enforcement to the association’s own property unless a member personally took part.

Full Text of § 9-2-25

Text sizeJump to: (a) (b) (c) (d)

(a) Actions may be maintained against and in the name of any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may maintain such an action against the members of the organization or association.
(b) Service of process in the action against the organization or association shall be had by service upon any officer or official member of such organization or association, or upon any officer or official member of any branch or local of the organization or association, provided that any such organization or association may file with the Secretary of State a designated officer or agent upon whom service shall be had and his residence address within the state. If the designation is made and filed, service of process shall be had only on the officer or agent designated, if he can be found within the state.
(c) The organization or association shall be suable in any cause of action. The action may be maintained in any county where the organization or association does business or has in existence a branch or local organization.
(d) Where a judgment in such actions is rendered in favor of the plaintiff against the organizations or associations, the property of the organization or association shall be liable to the satisfaction of the judgment. No such judgment shall be enforced against the individual property of any member of an unincorporated association, unless the member has personally participated in the transaction for which the action was instituted and has been served with process as provided by law.

Plain-English Summary

Suing an unincorporated association raises practical problems a plaintiff doesn’t face with a corporation: there’s no registered agent, no corporate office of record, and dozens or thousands of members who each theoretically bear some responsibility. This section builds a workable process around that reality.

First, it confirms the association can be sued directly, in its own name, for any claim the plaintiff could otherwise bring against its individual members — no need to sue each member separately. Second, it tells the plaintiff how to serve the group: through any officer or official member, of the organization itself or of a local branch, or through an agent the association has designated with the Secretary of State (once that designation is filed, service on the designated agent becomes the exclusive method, if that agent can be found in the state). Third, it opens venue in any county where the association does business or maintains a branch or local chapter.

Finally, it protects individual members from being wiped out by a group’s liability. A judgment against the association reaches the association’s property, but it can’t be enforced against a member’s personal property unless that member personally participated in the underlying conduct and was properly served with process.

Frequently Asked Questions

Can I sue an unincorporated association directly, or do I have to sue its members individually?

You can sue the association directly, in its own name, for any cause of action you could otherwise maintain against its members.

How do I serve process on an unincorporated association in Georgia?

By serving any officer or official member of the organization or of one of its branches or locals, or, if the association has filed a designated officer or agent with the Secretary of State, by serving that designated agent if the agent can be found in the state.

Where can I bring a lawsuit against an unincorporated association?

In any county where the organization or association does business or has a branch or local organization.

If I win a judgment against an unincorporated association, whose property pays it?

The property of the organization or association is liable to satisfy the judgment.

Can a judgment against an unincorporated association be enforced against an individual member’s personal property?

Only if that member personally participated in the transaction underlying the action and was served with process as provided by law.

Amendment History

Ga. L. 1959, p. 44, §§ 2-5.

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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