Adopted May 1, 1939 · Last amended April 18, 1975 · Last verified June 30, 2026
In one sentenceRule 2153 lets a plaintiff sue an unincorporated association by its name or through an officer as trustee ad litem, lets a name-only defendant counterclaim in that name, and permits joining members to enforce their individual liability.
(a)In an action prosecuted against an association it shall be sufficient to name as defendant either the association by its name, whether the same is registered, filed or not, or any officer of the association as trustee ad litem for such association in the manner prescribed by Rule 2152.
(b)If a plaintiff prosecutes an action against an association in the association name only, the association may prosecute any setoff, counterclaim or cross-action in its association name.
(c)In addition to the parties defendant permitted by subdivision (a) of this rule, the plaintiff may join as parties defendant one or more members of such association in their individual capacity, including members already named as trustees ad litem, for the purpose of enforcing any individual liability of such members upon the cause of action sued upon.
End
Plain-English Summary
A plaintiff suing an unincorporated association has two ways to name it, and either is sufficient. The plaintiff may name the association by its name, whether or not that name has been registered or filed, or may name any officer of the association as trustee ad litem for it, in the manner Rule 2152 prescribes. If the plaintiff sues in the association name only, the association may prosecute any setoff, counterclaim or cross-action in that name.
Subdivision (c) lets the plaintiff go further. In addition to those defendants, the plaintiff may join one or more members in their individual capacity, including members already named as trustees ad litem, to enforce any individual liability those members have on the cause of action sued upon.
The joinder matters because a judgment against the association does not reach its members. Under Rule 2155, no trustee ad litem and no individual member is liable for a money judgment against the association as such, and under Rule 2158 that judgment supports execution upon the association’s property. Rule 2156 sets venue.
Frequently Asked Questions
How do you sue an unincorporated association?
By naming the association itself as defendant, with or without naming individual members.
Official Note
Official Note: Adopted May 1, 1939, effective November 6, 1939; amended April 18, 1975, effective immediately, 5 Pa.B. 1820.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as:sue an associationactions against associationname association defendant