“Prescription” means a debt is extinguished after a period of time if the creditor does nothing to enforce it. It protects people from being chased for very old debts — but the rules have important exceptions.
How long before a debt prescribes?
Under section 11 of the Prescription Act:
| Debt | Period |
|---|---|
| Most debts (accounts, credit cards, personal loans, invoices) | 3 years |
| Bills of exchange and negotiable instruments | 6 years |
| Certain debts owed to the State | 15 years |
| Judgment debts, mortgage-bond debts, tax debts | 30 years |
The period usually starts when the debt becomes due — typically the first missed payment or when the full amount becomes payable.
What restarts or stops the clock
- Acknowledging the debt — in writing, by promising to pay, or by making a payment — interrupts prescription. The full period starts again from that date.
- Legal action — serving a summons interrupts prescription while the case continues.
- Special circumstances — for example if the debtor is a minor or the creditor did not know the debtor’s identity — can delay prescription.
Debt collectors and prescribed debt
Under the National Credit Act, a credit provider or debt collector may not sell, or continue to collect, a prescribed debt under a credit agreement. If you are being pressured to pay a debt that has prescribed, you can complain to the National Credit Regulator or the Council for Debt Collectors.
Prescription is a defence — you must raise it
A court will not apply prescription automatically. If you are sued for a debt you believe has prescribed, you must raise prescription in your defence. Be careful before paying or signing anything about an old debt: it could count as acknowledging it.
Check your situation
Use the debt prescription checker for an estimated date — then get advice from an attorney, Legal Aid South Africa or a registered debt counsellor before relying on it.