Cobb County Affidavit of Non Payment Form (Georgia)
All Cobb 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 Cobb County compliant document last validated/updated 10/18/2024
Affidavit of Non Payment Guide
Line by line guide explaining every blank on the form.
Included Cobb County compliant document last validated/updated 9/23/2024
Completed Example of the Affidavit of Non Payment Document
Example of a properly completed form for reference.
Included Cobb County compliant document last validated/updated 10/23/2024
The following Georgia and Cobb 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 Cobb County. The executed documents should then be recorded in the following office:
Cobb County Clerk of Superior Court
10 East Park Sq, Marietta, Georgia 30090
Hours: 8:00am-5:00pm Monday through Friday
Phone: (770) 528-1360 and 1328
Local jurisdictions located in Cobb County include:
- Acworth
- Austell
- Clarkdale
- Kennesaw
- Mableton
- Marietta
- Powder Springs
- Smyrna
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 Cobb 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 Cobb County using our eRecording service.
Are these forms guaranteed to be recordable in Cobb County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cobb 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 Cobb County that you need to transfer you would only need to order our forms once for all of your properties in Cobb County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Georgia or Cobb 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 Cobb 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 Cobb 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 Cobb 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 - ( 4434 Reviews )
James S.
November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
Thanks for the kind words James, glad we could help. Look forward to seeing you again.
Thomas G.
November 21st, 2024
Wasn’t what I expected
Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.
Jimmy P.
November 20th, 2024
They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.
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Crystal W.
October 19th, 2022
This is the easiest process.
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Rosanne E.
October 8th, 2020
Excellent response and all went well with downloading documents. Thank you for offering this important service.
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Bill S.
March 10th, 2021
Very convenient and reasonably priced service. Excellent. A++
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Tammy S.
October 6th, 2022
Easy to download, great guidelines, and samples of each form needed.
Thank you!
Diana M.
June 25th, 2020
First time user - process went very smooth and fast. It took me a little to find my messages. At first I didn't know you process documents other than deeds so maybe you should consider putting on your home page that it's not only for deeds - it's for any document that needs recording. :)
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Marissa G.
March 4th, 2020
The NV Clark County deed upon death was perfect! Our county doesn't offer a template, but rather has a long list of rules and specifications where they expect you to make your own document. I didnt want to risk making an unacceptable form so I purchased the template from Deeds.com. It was easy to use and very thorough. Our deed upon death was notarized and filed with the county with no issue. Save yourselves the time and headache and get the template!
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Diana C.
May 7th, 2019
Great service!!! I was feeling overwhelmed but then I found deeds! I spent about 10 mins ordering, then went to bed and by morning my deed was there!! Very efficient!
Thanks so much! So worth the little bit of dollars!
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Robert H.
August 30th, 2019
I found the site to be easy to use and the information very helpful.
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Terri B.
April 5th, 2021
It's worth the money. I would like to have seen a variety of examples showing different scenarios for completing a quitclaim deed.
Thank you!
James S.
September 21st, 2021
The affidavit guidance was a great help and helped reduce the stress that usually comes with dealing with legalese. The Preliminary Change of Ownership that CA requires is quite complex since it covers a hoard of situations. I was left with a bit of uncertainty, but I definitely wouldn't want to try it without guidance.
Thank you for your feedback. We really appreciate it. Have a great day!
Norbert C.
June 23rd, 2020
Great resource and everything went smoothly except email was performed through autofill prompted by the system but the autofill added a letter that gave wrong email. I can still sign in with wrong email since the system recognizes it as mine even though it is wrong. May be my fault and not the system since I did not catch the discrepancy in time. I would suggest a field that allows a correction to any misinformation prior to signing out from the initial sign on. Still think it is a great resource if all documents are processed and accepted by the pwers to be. Thanks.
Thank you!
Craig H.
August 18th, 2022
Awesome service! It was so quick and easy.
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