how do I file an affidavit of nonpayment

3 months ago

we are coming up on the 60 day window on the lien waiver and have not received payment so need to find out how to proceed.

Senior Legal Associate Levelset

That’s a good question, and I’m sorry to hear you’re having trouble with payment even after submitting a lien waiver. In Georgia, filing an Affidavit of Nonpayment is done much like a lien filing – it’s filed with the county recorder of the county where the project was located. Further, notice of the filing must be made to the property owner and, if hired by someone other than the owner, a copy must be sent to the project’s general contractor, as well.

As far as how to actually file that document – it may be mailed to the county recorder, or it can be hand delivered there. Each county has different recording fees, so if the document will be filed by mail, it’s important to contact the recorder beforehand in order to determine the recording fees that must be paid to have a Affidavit of Nonpayment recorded. Finaly, there are also online services – such as Levelset – which can help individuals record documents like a Affidavit of Nonpayment or a mechanics lien.

If you do elect to fill out the document and file it on your own, you can find the form for the Georgia Affidavit of Nonpayment at O.C.G.A. Section 44-14-366.

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