Gilmer County Affidavit of Non Payment Form

Gilmer 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.

Gilmer County Affidavit of Non Payment Guide
Line by line guide explaining every blank on the form.

Gilmer County Completed Example of the Affidavit of Non Payment Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Georgia and Gilmer County documents included at no extra charge:
Where to Record Your Documents
Clerk of Superior Court
Ellijay, Georgia 30540
Hours: 8:30 to 5:00 M-F
Phone: (706) 635-4462
Recording Tips for Gilmer County:
- Avoid the last business day of the month when possible
- Both spouses typically need to sign if property is jointly owned
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Gilmer County
Properties in any of these areas use Gilmer County forms:
- Cherry Log
- East Ellijay
- Ellijay
Hours, fees, requirements, and more for Gilmer County
How do I get my forms?
Forms are available for immediate download after payment. The Gilmer 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 Gilmer County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Gilmer 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 Gilmer 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 Gilmer County?
Recording fees in Gilmer County vary. Contact the recorder's office at (706) 635-4462 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 Gilmer County to use these forms. Documents should be recorded at the office below.
This Affidavit of Non Payment meets all recording requirements specific to Gilmer County.
Our Promise
The documents you receive here will meet, or exceed, the Gilmer 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
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