Georgia Affidavit of Non Payment
County Specific Legal Forms Validated as recently as June 22, 2026 by our Forms Development Team
About the Georgia Affidavit of Non Payment
How to Use This Form
- Select your county from the list on the left
- 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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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
What Others Like You Are Saying
"Easier than I thought. No problem Nice service"
"Really great experience. Thanks!"
"I got what I needed and did exactly what I needed. All legal and no hassle. Thanks Deeds.com, you ma…"
"So far help has been good given some of the information you don't have as far as making corrections.…"
"Deeds.com is amazing. It made finding out how to file legal documents worry free and easily understo…"
Common Uses for Affidavit of Non Payment
- Protect payment rights for electrical, plumbing, or HVAC work
- File a lien for unpaid construction or renovation work
- Secure payment for materials supplied to a construction project
- Document partial payment received on a construction project
Compare other Georgia deed forms and documents
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.