Fulton County Affidavit of Non Payment Form

Last validated August 5, 2026 by our Forms Development Team

Fulton County Affidavit of Non Payment Form

Fulton 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 7/15/2026
Fulton County Affidavit of Non Payment Guide

Fulton County Affidavit of Non Payment Guide

Line by line guide explaining every blank on the form.

Document Last Validated 8/5/2026
Fulton County Completed Example of the Affidavit of Non Payment Document

Fulton County Completed Example of the Affidavit of Non Payment Document

Example of a properly completed form for reference.

Document Last Validated 8/4/2026

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

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

Where to Record Your Documents

Fulton County Clerk of Superior Court

Address:
136 Pryor St SW, Rm 106
Atlanta, Georgia 30303

Hours: 8:30 to 5:00 M-F

Phone: (404) 613-5371 or 5314

North Service Center

Address:
7741 Roswell Road
Atlanta, Georgia 30350

Hours: 8:30 a.m. until 4:30 p.m. Monday-Friday

Phone: 404-613-5757 or 404-612-5756

Recording Tips for Fulton County:
  • Bring your driver's license or state-issued photo ID
  • Verify all names are spelled correctly before recording
  • Check margin requirements - usually 1-2 inches at top
  • Recorded documents become public record - avoid including SSNs
  • Consider using eRecording to avoid trips to the office

Cities and Jurisdictions in Fulton County

Properties in any of these areas use Fulton County forms:

  • Alpharetta
  • Atlanta
  • Duluth
  • Fairburn
  • Palmetto
  • Red Oak
  • Roswell
  • Union City

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Fulton County

How do I get my forms?

Forms are available for immediate download after payment. The Fulton 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 Fulton County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Fulton County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Fulton 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 Fulton County?

Recording fees in Fulton County vary. Contact the recorder's office at (404) 613-5371 or 5314 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 Fulton County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Fulton County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Fulton 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.

4.8 out of 5 - ( 4768 Reviews )

Aaron L.

May 19th, 2026

Might be adequate if I was desperate. Formatting screams amateur hour -- not a legal issue but likely to invite closer scrutiny when filed. Instructions were supposed to be county-specific but directed me to call the recorder to ask them how to fill out part of the form. Not planning to use the form and would not purchase it again. I could probably do better by uploading some examples and the original mortgage from the Recorder's website into Claude along with the transaction-specific information and asking Claude to prepare a more professional release.

Reply from Staff

Aaron, we’re sorry the form and instructions did not meet your expectations. Your order has been canceled and your payment refunded. We appreciate your feedback and wish you the best with preparing the release in the way that works best for your situation.

Michael A.

July 5th, 2021

Pleasant experiences. Look forward to future contacts

Reply from Staff

Thank you!

Beverly J. A.

November 27th, 2022

The forms where easy to follow with the directions showing how to fill out the forms that I needed.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

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May 1st, 2020

I'm very impressed. We're a small nonprofit, and we usually walk our documents into our county offices for recording. So I was a little bit skeptical about how things would work if we did it electronically. But it was a smooth, quick, painless, and reasonably priced process. I expect that this will be our preferred method even after county offices re-open.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

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February 21st, 2020

Great forms, thank you so much.

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June 5th, 2019

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September 24th, 2019

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Reply from Staff

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Reply from Staff

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June 7th, 2025

This is an extremely helpful and very fast way to file with property recorders. It saved me time away from work and provided a receipt for the filing

Reply from Staff

Thank you, Michael! We're glad to hear the process was fast and efficient for you—and that it saved you time from work. Appreciate you sharing your experience!

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January 15th, 2019

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Reply from Staff

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Reply from Staff

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Reply from Staff

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August 27th, 2020

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Reply from Staff

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Reply from Staff

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