Being contacted by debt collectors can feel intimidating—especially if the calls are frequent, the messages sound urgent, or you’re not sure what you “must” do next. But debt collection in South Africa isn’t a free-for-all. Debt collectors and credit providers have rules they must follow, and as a consumer you have rights and protections you can use.
The most important thing to remember is this: pressure and urgency are not the same thing as legal enforceability. Some debts are valid and payable. Others may be disputed, incorrectly listed, or even prescribed (meaning the creditor may no longer be able to enforce payment, depending on the facts). Understanding these differences can help you respond calmly, avoid being manipulated, and make smarter decisions about what to pay, what to challenge, and what to get help with.
Below is a clearer, expanded guide to (1) your rights when dealing with debt collectors, (2) prescribed debt and how it works, and (3) how debt review can protect you from aggressive collection pressure.
Why knowledge matters in debt collection
Debt collection often relies on psychological pressure: repeated contact, warnings about “legal action,” and strong language designed to make you panic and pay immediately. That approach works because many consumers don’t know what collectors are allowed to do—or how quickly a debt can actually be enforced.
The reality is that debt collection is regulated. South Africa has a Debt Collectors Act and a formal Code of Conductthat outlines what debt collectors may not do (including harassment-style conduct). In addition, general laws like the Protection from Harassment Act can also apply when behaviour crosses the line into intimidation or harassment.
When you understand your rights, you can slow the situation down, ask for proper documentation, and respond strategically instead of emotionally.
Prescribed debt: when an old debt may no longer be enforceable
One of the most misunderstood consumer protections in South Africa is prescription.
What “prescription” means
Under the Prescription Act 68 of 1969, many ordinary debts prescribe after a certain period of time—often three years—if certain things did not happen during that time.
A simplified way to understand it is:
A debt may be prescribed if (a) enough time has passed since it became due, and (b) prescription was not interrupted.
For many “standard” debts, the general rule is that prescription is three years (unless another law provides otherwise).
What can interrupt (stop/reset) prescription?
Prescription doesn’t just “run” automatically no matter what. It can be interrupted, for example if:
you acknowledge the debt (in writing or in a way that amounts to admitting liability), or
the creditor serves summons / begins legal process in a way recognised by law.
This is why it’s important to be careful about what you say or sign when a collector calls about a very old debt. If you accidentally acknowledge liability or make a payment, you could interrupt prescription and revive enforceability (depending on the facts).
The “three-year” rule: helpful, but not universal
Many consumers hear “all debt prescribes after three years.” That’s not always true. The Prescription Act provides different prescription periods for different types of debt, and other laws can affect specific categories.
For example, municipal-related debts can be complicated. Some commentary and legal resources note longer prescription periods for certain municipal charges like rates, while other service charges (like electricity/water) may prescribe sooner—depending on the nature of the charge and the legal interpretation applied.
So the safe, consumer-friendly takeaway is:
Some debts may prescribe after three years, but
not all debts follow the same time period, and
the details matter (type of debt + whether prescription was interrupted).
Practical advice if a collector contacts you about an old debt
If you suspect a debt might be prescribed:
Don’t admit liability immediately.
Avoid statements like “Yes, I owe that” or “I’ll pay something now” until you’ve checked the dates and facts.Ask for written proof.
Request the account details, the original creditor, the date the debt became due, and whether summons was served. (You’re allowed to ask for documentation.)Check your own records.
Look for any payment you made, emails you sent, or agreements you signed that could count as acknowledgement.Get advice before paying.
Prescription questions can be technical. If the amount is meaningful, it’s worth speaking to a qualified professional who can assess the timeline properly.
Important: Prescription depends on the exact facts of your case. This is general information, not legal advice.
Your rights when dealing with debt collectors
Even when a debt is valid, collectors must still behave appropriately. South Africa’s debt collection framework includes the Debt Collectors Act and an industry Code of Conduct that prohibits harassment-type conduct.
Here are practical rights and boundaries that matter in day-to-day interactions:
You can request clarity and proof
You are allowed to ask:
who the creditor is,
what the debt relates to,
what the balance is made up of,
and where the debt came from (especially if it has been sold or handed over).
Harassment-style behaviour is not acceptable
The Code of Conduct includes restrictions that speak directly to harassment and inappropriate contact times—such as prohibiting calls very late at night or very early in the morning (unless specifically requested).
If contact becomes threatening, repetitive, or humiliating, document it. Recent consumer guidance also notes that harassment may be reported and that consumers can keep records (dates, times, screenshots) to support complaints.
You can control how you communicate
A practical approach is to respond in writing (email/WhatsApp) and keep a paper trail:
“Please send full details of the account and proof of authority to collect.”
“Please communicate in writing only.”
This helps reduce stress and creates evidence if you need to escalate a complaint later.
How debt review can protect you from aggressive debt collection pressure
If you’re overwhelmed by multiple debts and constant collection calls, debt review (also called debt counselling) may provide structured protection and breathing room—when it’s done properly and you stay compliant.
What debt review is designed to do
Debt review is a regulated process under the National Credit Act that helps over-indebted consumers restructure repayments into a more affordable plan.
The goal is to stabilise your finances by:
reducing pressure from unaffordable instalments,
consolidating payments through a Payment Distribution Agent (PDA),
and putting a legal process in place that manages enforcement risks while the review is active (subject to the rules and compliance).
Does debt review “stop all collection”?
It’s better to explain this carefully and accurately:
While you are under debt review and the matter is properly proceeding, credit providers face legal limitations on enforcing certain credit agreements, and enforcement steps must follow the NCA’s requirements.
However, if a consumer defaults on the debt review payment plan, or if certain termination steps occur in law, creditors may be able to resume enforcement under specific conditions.
So debt review can significantly reduce aggressive pressure, but it depends on:
being properly placed under review,
following the repayment plan,
and handling changes (income drops, emergencies) early with your debt counsellor.
Why it helps emotionally and practically
When debt review is working well, it:
reduces the chaos of dealing with multiple creditors,
replaces many separate instalments with one managed payment,
and creates a structured path toward becoming debt-free.
That structure alone often reduces the anxiety and overwhelm that comes with constant collection contact.
What you should do next
If you’re being pursued by debt collectors, here’s a simple decision pathway:
If the debt might be prescribed
Don’t acknowledge it immediately.
Ask for proof and dates in writing.
Get advice before paying, especially if the debt is old.
If the debt is current and you can afford repayments
Negotiate a realistic arrangement in writing.
Make sure any settlement terms are confirmed before paying lump sums.
If you’re overwhelmed by multiple debts
Consider getting assessed for debt review or another structured solution.
The earlier you act, the more options you usually have.
Need help with prescribed debt or debt review?
If you want support, our team can help you understand whether a debt may be prescribed (based on the facts you provide) and guide you on structured options like debt review if you’re over-indebted. Reach out to our experts and we’ll help you map the safest next step forward.