All unincorporated associations or orders may sue and be sued under the name by which they are commonly known and called, or under which they do business, and judgments and executions against any such association or order shall bind its real and personal property in like manner as if it were incorporated.
§ 8.01-15.Suits by and against unincorporated associations or orders.
Chapter 2. Parties · Article 2. Special Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-15 allows any unincorporated association or order to sue or be sued under the name by which it is commonly known or does business, and makes a judgment or execution against it bind its real and personal property just as if it were incorporated.
Full Text of § 8.01-15
Plain-English Summary
Without a rule like this one, an unincorporated group might lack the legal capacity to sue or be sued as an entity, forcing litigants to name individual members instead. Section 8.01-15 removes that obstacle: all unincorporated associations or orders may sue and be sued under the name by which they are commonly known and called, or the name under which they do business.
The section also makes the resulting judgment meaningful. A judgment or execution against such an association or order binds its real and personal property in the same way it would if the association or order were incorporated, so a plaintiff who prevails is not left without a way to reach the group’s assets because it never incorporated.
Frequently Asked Questions
Can an unincorporated association sue or be sued in Virginia without incorporating first?
Yes. Section 8.01-15 allows unincorporated associations and orders to sue and be sued under the name by which they are commonly known or do business.
What name is used for the association in the lawsuit?
Section 8.01-15 uses the name the association or order is commonly known and called by, or the name under which it does business.
Does a judgment against an unincorporated association reach its property?
Yes. Section 8.01-15 says a judgment or execution against the association or order binds its real and personal property just as if it were incorporated.
Does this section cover “orders” as well as associations?
Yes. Section 8.01-15 applies to unincorporated associations and to orders alike.
Why does Virginia need a rule allowing suit against an unincorporated group by its common name?
Without it, a plaintiff might have to identify and sue each individual member of the group rather than the group itself; Section 8.01-15 lets the association or order be sued as a unit.
Amendment History
Code 1950, § 8-66; 1962, c. 250; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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