Direct Answer
Under the Prescription Act 68 of 1969, most debts prescribe (expire) after 3 years if the debtor has not acknowledged the debt in writing, made a payment, or the creditor has not issued summons. Once prescribed, the creditor loses the right to enforce the debt in court. However, prescription is a defence you must raise — it does not happen automatically once a court case starts.
What the Law Says
Your Legal Foundation
Prescription Act 68 of 1969
Section 11(d)
“The period of prescription for a debt that is not otherwise listed shall be three years.”
Prescription Act 68 of 1969
Section 12
“Prescription begins to run as soon as the debt is due. Prescription is interrupted by an acknowledgement of liability, a payment, or the service of process on the debtor.”
National Credit Act 34 of 2005
Section 126B
“A credit provider or debt collector is prohibited from collecting, or threatening to collect, a prescribed debt unless the consumer has revived the debt by acknowledging it in writing or making a payment after the prescription date.”
What to Say
Exact Words to Use
“"This debt appears to have prescribed under section 11(d) of the Prescription Act 68 of 1969. The last payment was made more than 3 years ago and I have not acknowledged the debt since. Please provide written proof of the date the debt became due and any interruption of prescription before making any further demands."”
Tone: Firm, written, formal
“"I am not acknowledging this debt. I require proof that it has not prescribed before we continue this conversation."”
Tone: Clear, factual, non-aggressive
Common Questions
Frequently Asked Questions
What debts prescribe after 3 years in South Africa?
Most consumer debts — credit card balances, personal loans, clothing accounts, gym fees, and medical bills — prescribe after 3 years. Mortgage bonds prescribe after 30 years. Government debts and debts under the NCA may have specific rules. Tax debt due to SARS has a 5-year prescription period under the Tax Administration Act.
Does a judgment debt also prescribe in South Africa?
Yes, but after 30 years — not 3. Once a creditor obtains a court judgment against you, the prescription period resets to 30 years. This is why you must file a special plea of prescription before a judgment is granted — once the court grants judgment, the prescribed debt becomes enforceable again for 30 years.
Can a debt collector still call me about a prescribed debt?
Under NCA s126B, debt collectors are prohibited from collecting or threatening to collect prescribed debt. If they continue after you have put them on notice, you can report them to the National Credit Regulator (NCR) and the Debt Collectors Council. You may also be entitled to damages for harassment under the Consumer Protection Act.
What is the difference between a prescribed debt and a written-off debt?
A written-off debt is an accounting entry — the creditor has decided it is unlikely to collect and has removed it from their books, but you still legally owe it. A prescribed debt is legally extinguished by law — the creditor cannot enforce it in court. A creditor may try to collect a written-off debt indefinitely; they cannot lawfully collect a prescribed debt.
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