Elbert County Affidavit of Non Payment Forms (Georgia)
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Form Package
Affidavit of Non Payment
State
Georgia
Area
Elbert County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Elbert 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 document last reviewed/updated 2/9/2024
Affidavit of Non Payment Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/18/2024
Completed Example of the Affidavit of Non Payment Document
Example of a properly completed form for reference.
Included document last reviewed/updated 4/1/2024
Included Supplemental Documents
The following Georgia and Elbert County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Georgia or Elbert 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.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Elbert 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 sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Elbert 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.
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 Elbert County that you need to transfer you would only need to order our forms once for all of your properties in Elbert County.
Are these forms guaranteed to be recordable in Elbert County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Elbert County including margin requirements, content requirements, font and font size requirements.
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.
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.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Affidavit of Non Payment Forms:
- Elbert County
Including:
- Bowman
- Dewy Rose
- Elberton
What is the 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.
Our Promise
The documents you receive here will meet, or exceed, the Elbert 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 Elbert 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 25th, 2024
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April 25th, 2024
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Mark E.
April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
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February 14th, 2024
Was a bit skeptical because I\'d never heard of it, but just got something submitted and confirmed recorded in less than 24 hrs. UI could use some work but other than that, straightforward and works!
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January 3rd, 2020
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April 7th, 2022
Nice forms but it sure would have been nice to be able to at least print the guide and the example so that I don't spend all of my time bouncing back and forth between windows on a laptop.
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