My Account Deeds.com Real Estate Deeds

Georgia Affidavit of Non Payment

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.

Deeds.com Georgia Affidavit of Non Payment Forms Have Been Updated as Recently as Thursday July 9, 2020

4.8 out of 5 (1591 Reviews)

What others like you are saying:


Linda R. said: I was happy to have my payment cancelled when no information was found. And I was given a link to contact the deed office directly.

Reply from Staff: Thank you!


George A. said: Excellent Service.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Terri S. said: Form was easy to complete, price was reasonable and everything worked out just fine. Would absolutely use this service again if needed, Thank you :)

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Nellie V. said: You guys make it so easy. Thank you for that! Hugs!

Reply from Staff: Thank you Nellie!


Bernard H. said: The site is clear and easy to submit requests. I will be using again when needed. No problems and a pleasure to deal with.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


David M. said: Best $20 ever spent. I'm a bit of an idiot with these things, thankfully there are professionals who know what they are doing so I don't screw things up...

Reply from Staff: Thank you!


Select County where the property is located.

Georgia Affidavit of Non Payment Form