Affidavit of Nonpayment, Private Work

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Document Title: Affidavit of Nonpayment, Private Work.


Scope: State of Mississippi, Private Work


Time Constraints: This notice is send within 60 days of the submission to the debtor a Waiver and Release, which negates the Waiver and Release.  Failure to file this form within 60 days of the submission to the parties of a Waiver and Release means both the Affidavit of Nonpayment and subsequent Mechanic’s Lien are null and void.  The forms must be notarized.


Within two days of filing this Affidavit of Nonpayment, the filing party shall send a copy of the affidavit by registered or certified mail or statutory overnight delivery to the owner of the property.  Whenever the owner of the property is an entity on file with the Secretary of State’s office, sending a copy of this affidavit to the company’s address or the registered agent’s address on file with the secretary of state shall deemed sufficient.


Information Requirements: Program information.


Form Types: Affidavit and Nonpayment and Exhibits A-D, if needed.


Procedures: Send copies of the prepared and notarized forms by certified mail to the general contractor, and sureties (if known). If you are not paid on this claim, and you have not exceeded your filing time, make your claim on the bond.

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