Georgia Forms

Cobb County Affidavit of Non Payment Form

Cobb County Affidavit of Non Payment Form

Cobb County Affidavit of Non Payment Form

Fill in the blank Affidavit of Non Payment form formatted to comply with all Georgia recording and content requirements.

Document Last Validated 6/18/2025
Cobb County Affidavit of Non Payment Guide

Cobb County Affidavit of Non Payment Guide

Line by line guide explaining every blank on the form.

Document Last Validated 7/21/2025
Cobb County Completed Example of the Affidavit of Non Payment Document

Cobb County Completed Example of the Affidavit of Non Payment Document

Example of a properly completed form for reference.

Document Last Validated 4/1/2025

All 3 documents above included • One-time purchase • No recurring fees

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Important: Your property must be located in Cobb County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Cobb County Clerk of Superior Court
Address:
10 East Park Sq
Marietta, Georgia 30090

Hours: 8:00am-5:00pm Monday through Friday

Phone: (770) 528-1360 and 1328

Recording Tips for Cobb County:
  • Make copies of your documents before recording - keep originals safe
  • Request a receipt showing your recording numbers
  • Leave recording info boxes blank - the office fills these

Cities and Jurisdictions in Cobb County

Properties in any of these areas use Cobb County forms:

  • Acworth
  • Austell
  • Clarkdale
  • Kennesaw
  • Mableton
  • Marietta
  • Powder Springs
  • Smyrna

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Cobb County

How do I get my forms?

Forms are available for immediate download after payment. The Cobb County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Cobb County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cobb County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Cobb County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Cobb County?

Recording fees in Cobb County vary. Contact the recorder's office at (770) 528-1360 and 1328 for current fees.

Questions answered? Let's get started!

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.

Important: Your property must be located in Cobb County to use these forms. Documents should be recorded at the office below.

This Affidavit of Non Payment meets all recording requirements specific to Cobb County.

Our Promise

The documents you receive here will meet, or exceed, the Cobb 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 Cobb 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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February 5th, 2019

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October 26th, 2021

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December 2nd, 2021

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May 4th, 2024

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May 8th, 2020

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February 5th, 2021

Website is easy to use. I ordered the form, filled it out and uploaded it for recording. My only critique is that you can't preview the form before ordering and paying for it. I ordered a Deed of Full Reconveyance form only to find out I needed the Substitution of Trustee and Deedn of Reconveyance form instead. So I wasted $22 on the wrong form.

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Lance G.

December 13th, 2018

You did not include the Notice of Intent to File a Lien Statement form which is necessary to properly file a mechanic's lien in Colorado. If you are going to charge people $20 to download the forms, you should include all of them not half of them.

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October 21st, 2020

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April 5th, 2019

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