Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 14. MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS · Article 8. LIENS · Part 3. MECHANICS AND MATERIALMEN

44-14-362. Cancellation of preliminary notice upon final payment; form of cancellation.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Upon final payment after all labor, services, or materials have been furnished, a person who has filed a preliminary notice of lien rights shall either deliver a cancellation of the preliminary notice of lien rights at the time of final payment or cause the notice to be canceled of record within ten days after final payment. Any person who fails to so cancel a preliminary notice shall be liable to the owner for all actual damages, costs, and reasonable attorney’s fees incurred by the owner in having the preliminary notice canceled.#

  2. (b)

    The cancellation required under this Code section shall be in the following form:#

    1. “Clerk, Superior Court

    2. of County

    3. You are authorized and directed to cancel of record the preliminary notice of lien rights which we filed on the property owned by (state name of owner) on (give date) and recorded by you in Book , Page , of preliminary notices kept by you.

    4. This day of , .

    5. Lien claimant or attorney”

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 44-14-362, enacted by Ga. L. 1983, p. 1450, § 1; Ga. L. 1999, p. 81, § 44.

Editor's notes

Ga. L. 1983, p. 1450, § 1, effective July 1, 1983, renumbered former Code Section 44-14-362, relating to creation and declaration of liens, as present Code Section 44-14-361.1.

Code Commission notes

Pursuant to Code Section 28-9-5, in 2022, punctuation was modified at the beginning and ending of the form in subsection (b).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, pages 767 to 768; merge action: carried; file SHA-256 02e72213893a.