Credit & Consumer Law
Prescription of Debt
Prescription means that after a certain period of time, a debt can no longer be legally collected. Most debts prescribe (expire) after three years in South Africa.
Legal Definition
The Prescription Act 68 of 1969 provides that debts prescribe after three years (for most credit agreements, municipality accounts, and civil debts) from when the debt became due and the creditor had knowledge. A debt collector cannot sue for a prescribed debt.
📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996; Prescription Act 68 of 1969
Practical Example
A debt collector contacts you about a credit card debt from 2017. If no payment was made and no legal action was taken in the interim, the debt has prescribed and they cannot sue you.
Frequently Asked Questions
Does prescription mean the debt is erased?
It means the creditor loses the right to sue you for it. However, if you acknowledge the debt in writing or make a payment, prescription starts running again.
What about government debt or home loans?
Home loans (bonds) prescribe after 30 years. Government tax debt does not prescribe under general prescription rules.
Can a debt collector still contact me about a prescribed debt?
They can contact you, but they cannot obtain a judgment against you. Threatening legal action on a prescribed debt may violate the National Credit Act.
Related Terms
Know the law. Know what to say.
Get the free South African rights checklist — 10 real scenarios, exact words to use, constitutional references. No card needed.