Brooks County Affidavit of Non Payment Form (Georgia)
All Brooks County specific forms and documents listed below are included in your immediate download package:
Affidavit of Non Payment Form
Fill in the blank Affidavit of Non Payment form formatted to comply with all Georgia recording and content requirements.
Included Brooks County compliant document last validated/updated 6/18/2025
Affidavit of Non Payment Guide
Line by line guide explaining every blank on the form.
Included Brooks County compliant document last validated/updated 4/23/2025
Completed Example of the Affidavit of Non Payment Document
Example of a properly completed form for reference.
Included Brooks County compliant document last validated/updated 4/1/2025
The following Georgia and Brooks County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Non Payment forms, the subject real estate must be physically located in Brooks County. The executed documents should then be recorded in the following office:
Clerk of Superior Court
1 Screven St, Quitman, Georgia 31643
Hours: 8:00am-5:00pm M-F
Phone: (229) 263-4747
Local jurisdictions located in Brooks County include:
- Barney
- Barwick
- Dixie
- Morven
- Quitman
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Brooks County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Brooks County using our eRecording service.
Are these forms guaranteed to be recordable in Brooks County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Brooks County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Non Payment forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Brooks County that you need to transfer you would only need to order our forms once for all of your properties in Brooks County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Georgia or Brooks County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Brooks County Affidavit of Non Payment forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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.
Our Promise
The documents you receive here will meet, or exceed, the Brooks County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Brooks County Affidavit of Non Payment form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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April 2nd, 2020
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April 7th, 2024
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December 15th, 2020
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June 25th, 2019
This is my first time and your service appears to be very user-friendly; however, since I am new to this service, I'm not sure if my e-filings were received as I've not heard anything back nor have I received any type of confirmation of receipt.
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October 20th, 2022
was very helpfull, It provided the refernces to the stat laws so I coul have a deeper look into the issue I was trying to deal with.
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August 22nd, 2021
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Ashley H.
September 21st, 2020
Thank you for the quick response time messaging back and forth to get this completed, and also the fairly speedy e-recording! Excellent customer service!!!
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April 19th, 2022
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Elango R.
November 9th, 2020
It was so easy to use the site and got recording done in a day. Very happy with experience.
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Margaret T.
May 6th, 2022
Had a difficult time finding my download after purchase. Thankfully I had printed the form and had. However it was read only and I'm not experienced enough to be able to change that. So I went into my word program and typed in the form. I should be able to use it for my purpose. Just glad I was finally able to find it after hours of searching online. I'm in my 70's and not real computer intelligent which may have been part of the problem
Sorry to hear of your struggle Margaret, we will try harder to make our forms easier for everyone.
Nancy W.
November 6th, 2020
This was very easy to use to record my NOC. With the new COVID restrictions, I can't record my NOC in person and I'm working from home. This was a huge convenience and easy to use. I submitted the NOC late in the day and had the recorded NOC the next day.
Thank you!