Montgomery County Affidavit of Non Payment Form (Georgia)
All Montgomery 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 Montgomery 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 Montgomery 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 Montgomery County compliant document last validated/updated 4/1/2025
The following Georgia and Montgomery 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 Montgomery County. The executed documents should then be recorded in the following office:
Clerk of Superior Court
Courthouse - U.S. Hwy 221 / PO Box 311, Mt. Vernon, Georgia 30445
Hours: 8:30 to 5:00 M-F
Phone: (912) 583-4401
Local jurisdictions located in Montgomery County include:
- Ailey
- Alston
- Mount Vernon
- Tarrytown
- Uvalda
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 Montgomery 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 Montgomery County using our eRecording service.
Are these forms guaranteed to be recordable in Montgomery County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Montgomery 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 Montgomery County that you need to transfer you would only need to order our forms once for all of your properties in Montgomery County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Georgia or Montgomery 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 Montgomery 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 Montgomery 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 Montgomery 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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June 3rd, 2020
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May 29th, 2020
Really solid system for determining what may prevent your documents from being accepted. I love the comments section allowing for fluid communication. I only wish there were automated emails for all those communications and once documents were accepted, but I did receive a couple personally-generated emails regarding the progress instructing me to check the site.
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February 8th, 2021
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September 5th, 2021
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April 29th, 2020
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November 15th, 2020
I was very pleased with the document I downloaded. I was able to edit it easily and save a copy both as a permanent copy or one that could still be edited. I also liked being able to cut and paste longer paragraphs. It cost a little more than I expected; however, it was worth it be cause I didn't have to fill it out by hand. Great job!
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July 17th, 2019
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February 28th, 2023
The material was very usable and site was easy to navigate. Well worth the money. If I have similar needs, I'll ber back.
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Warren B.
June 11th, 2022
Outstanding. There is nothing worse than finding the correct forms or having to hire an atty to do what most people can do on their own. I cant speak for all but these forms are fairly easy. The addition of guides and supplement forms are excellent. I just saved quite a bit of money with your site. Thanks
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Nancy J.
February 14th, 2019
Forms were not to hard to fill out,
Will go to Douglas County Oregon
Recorders office in a few weeks and hope I filled them out correctly.
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Bruce C.
February 13th, 2024
Easy to navigate. The guide and sample helped a lot, including the availability of "Exhibit A". Knowing your documents are guaranteed to be in the required format and the ease of using your forms has been a great service, Thank you!
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