What happens if a contractor records a lien waiver, but the owner never pays the bill?

Best practices dictate that lien claimants should only grant waivers when payment can be verified. Even so, some claimants still choose to execute a waiver before that time. Unlike many other states, Georgia law provides an avenue for recourse: the Affidavit of Non-Payment. An affidavit of non-payment is a sworn statement filed with the county recorder after a lien waiver has already been filed but no payment was ever received.

When executed, a waiver and release of lien is considered binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release. 44-14-366(f)(1). This means if payment is never received, the waiver is considered ineffective. Note that, in order to declare the waiver void, the claimant must file an affidavit of non-payment.

An affidavit of non-payment identifies the parties, the nature of work and materials provided, the location of the improvements, the amount unpaid, and the recording information for the waiver. The affiant/claimant signs the document in front of two witnesses, one of whom must be a notary, then submits the completed affidavit to the same office that recorded the original lien and waiver.

The affidavit must be filed sixty days after the date of the execution of the waiver and release. 44-14-366(f)(2)(C). There's an exception to this requirement if the claimant files their lien claim prior to the expiration of the 60-day period. Id.

This article is offered for informational purposes only and should not be relied upon as the substitute for the advice of an attorney. Please contact an attorney with questions about Affidavits of Non-payment or any other issues related to mechanic's liens in Georgia.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Affidavit of Non Payment

File a lien to prevent property sale until payment is received
Document partial payment received on a construction project
Protect subcontractor payment rights on a building project
Protect your right to payment for home improvement work
Document a lien waiver upon receipt of progress payment
Provide notice of intent to file a lien for unpaid work
Notify a general contractor of unpaid subcontractor invoices

Compare other Georgia deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Mineral Deed Mineral Deed with Quitclaim Covenants Trustee Deed Assent to Devise Executor Deed Administrator Deed Transfer on Death Deed Revocation of Transfer on Death Deed Preliminary Notice of Mechanics Lien Claim of Mechanics Lien Notice of Contest of Lien Interim Lien Waiver and Release Final Lien Waiver and Release Release of Claim of Lien Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Power of Attorney Deed to Secure Debt and Promissory Note Assignment of Security Deed Cancellation of Security Deed Purchase and Sale Agreement Memorandum of Purchase and Sale Agreement Full Release of Memorandum of Purchase and Sale Agreement Certificate of Trust Lis Pendens Lis Pendens Discharge Disclaimer of Interest

Important: County-Specific Forms

Our affidavit of non payment forms are specifically formatted for each county in Georgia.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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