Montgomery County Affidavit of Non Payment Form

Last validated April 15, 2026 by our Forms Development Team

Montgomery County Affidavit of Non Payment Form

Montgomery 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 3/26/2026
Montgomery County Affidavit of Non Payment Guide

Montgomery County Affidavit of Non Payment Guide

Line by line guide explaining every blank on the form.

Document Last Validated 4/15/2026
Montgomery County Completed Example of the Affidavit of Non Payment Document

Montgomery County Completed Example of the Affidavit of Non Payment Document

Example of a properly completed form for reference.

Document Last Validated 3/18/2026

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

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

Where to Record Your Documents

Clerk of Superior Court

Address:
Courthouse - U.S. Hwy 221 / PO Box 311
Mt. Vernon, Georgia 30445

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

Phone: (912) 583-4401

Recording Tips for Montgomery County:
  • Ensure all signatures are in blue or black ink
  • White-out or correction fluid may cause rejection
  • Ask if they accept credit cards - many offices are cash/check only
  • Bring extra funds - fees can vary by document type and page count

Cities and Jurisdictions in Montgomery County

Properties in any of these areas use Montgomery County forms:

  • Ailey
  • Alston
  • Mount Vernon
  • Tarrytown
  • Uvalda

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Montgomery County

How do I get my forms?

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

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Montgomery 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 Montgomery 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 Montgomery County?

Recording fees in Montgomery County vary. Contact the recorder's office at (912) 583-4401 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 Montgomery County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Montgomery 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.

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