A debt collector pursues a debt that is older than three years and has never been acknowledged
Premiumintermediate8 minutes
The Situation
What They Said
“It does not matter how long ago this debt was — you still owe it and we will collect it.”
A debt collection agency contacts you about an old debt, often one you do not remember or that was incurred many years ago, and insists it can never expire. They may use aggressive tactics to get you to make even a small payment or to acknowledge the debt in writing.
The Fallacy
False Permanence / Suppression of Legal Rights
The debt collector falsely treats debt as permanent and immune to the passage of time. South African law provides a legal defence called prescription — after three years of inactivity (no payment, no written acknowledgement, no summons), most consumer debts prescribe and become legally unenforceable. Telling you the debt 'never expires' suppresses your right to raise prescription as a complete defence, often to get you to inadvertently revive a dead debt by paying a small amount or acknowledging it in writing.
What the Law Says
Your Legal Foundation
Prescription Act 68 of 1969
Section 11(d) — Periods of Prescription
“The periods of prescription of debts shall be three years in respect of any debt other than those referred to in paragraphs (a), (b) and (c).”
Most consumer debts — including store accounts, personal loans, credit cards, and medical bills — prescribe after three years. This means that if no payment has been made, no written acknowledgement given, and no court summons served for three years, the debt is legally extinguished and the creditor has no legal right to collect it. You can raise prescription as a complete defence in court.
Prescription Act 68 of 1969
Section 14 — Interruption of Prescription
“The running of prescription shall be interrupted by an express or tacit acknowledgement of liability by the debtor.”
This is the trap: if you make any payment — even R10 — or acknowledge the debt in writing (including via SMS, email, or WhatsApp), prescription starts running again from scratch. Debt collectors often try to get a small payment or written acknowledgement to revive a prescribed debt. You should never pay or acknowledge an old debt without first confirming it has not yet prescribed.
What Scripture Says
God's Word on This
Leviticus 25:10 (NET)
“You must consecrate the fiftieth year, and you must proclaim a release in the land for all its inhabitants. It will be a jubilee for you, and each of you must return to his property and each of you must return to his clan.”
The Year of Jubilee embedded debt release into Israel's social structure — the principle that debt does not follow a person forever but has a defined end. The Prescription Act reflects this ancient wisdom: debt has a lifespan. When the time has passed and the debt is gone, the demand to keep paying is not righteousness — it is oppression.
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What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “Prescription does not apply because you ran away from the debt — that stops the clock.”
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