When any two or more persons associate themselves together and transact business for gain or speculation under a particular appellation, not being incorporated, they may be sued by such appellation without naming the individuals composing such association and service of process may be had upon such association by personal service as provided by law for services of summons in civil actions, upon any member of such unincorporated association, or, if the case be one in which service by publication may be had under the laws of this state, and service of summons either within or outside of the state cannot be had, with due diligence, upon any of the members of such unincorporated association, service by publication may be had upon such association by its particular appellation. Provided further, that service may be had upon any common law trust or any other unincorporated association or trust of individuals designating themselves as a trust or represented by an individual as trustee, by service upon any one of such individuals as may be designated as trustee for said trust, the same as in any other civil action. Venue in such cases, in addition to that now provided, shall be the same as that provided for actions involving domestic corporations.
§ 182.Unincorporated Associations and Trusts - Suits Against - Service of Process
Chapter 6: Commencement of Actions · Last amended October 1, 1976 · Last verified August 3, 2026
In one sentenceSection 182 lets an unincorporated business association or trust be sued under its own name without naming every member, and allows service by personal delivery on any member or trustee, or by publication when personal service can't be achieved with due diligence.
Full Text of § 182
Amendment History
Laws 1931, HB 10, p. 4, art. 3, § 1, emerg. eff. 3/5/1931; Amended by Laws 1973, HB 1100, c. 262, §4, emerg. eff. 7/1/1973; Amended by Laws 1976, HB 1543, c. 17, §1, eff. 10/1/1976.
Plain-English Summary
Before this section, suing a business partnership or club that wasn't incorporated could mean naming every individual member. Section 182 lets two or more people who associate together for gain or speculation under a common name be sued by that name alone. Service works by personally serving any member of the association the same way a summons is served in any civil action; if personal service can't be achieved within or outside the state despite due diligence, and the case is one where publication service is otherwise available, service by publication on the association's name is enough.
The section extends the same approach to common-law trusts and other unincorporated trusts or associations: serving any one individual designated as trustee works the same way it would in any other civil action. Venue for these suits follows whatever rule applies to actions against domestic corporations.
Frequently Asked Questions
Can an unincorporated club or business association be sued in Oklahoma without naming every member?
Yes. Section 182 lets the association be sued by its own name, without naming the individuals who make it up.
How is an unincorporated association served with process in Oklahoma?
By personally serving any one member the same way a summons is served in any civil action; if that can't be done with due diligence and publication service is otherwise available, service by publication on the association's name works too.
Does this section apply to trusts as well as business associations?
Yes. Service on any one individual designated as trustee of a common-law trust or similar unincorporated trust works the same way as service in any other civil action.
What venue rules apply to a suit against an unincorporated association?
The statute says venue follows the same rules as actions involving domestic corporations.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: suing unincorporated association oklahomaservice of process on a trust oklahomasue partnership without naming members oklahoma