Affidavit & Counter Affidavit to Release Stop Payment Notice

A direct contractor who has received a stop payment notice from a subcontractor or materials supplier claiming to have not received payment may send an affidavit to the project’s public entity. The affidavit challenges the validity of the stop payment notice. The public entity sends a copy of the affidavit to the claimant, who must respond with a counter-affidavit within the deadline set by the public entity, usually within 10-20 days. The affidavit and counter-affidavit set the stage for a lawsuit with an expedited hearing.