What is “prescribed debt”?
Under South Africa’s Prescription Act 68 of 1969, a creditor loses the right to enforce a debt once its prescription period expires unless prescription was interrupted (for example, by a payment, a written acknowledgment of liability, or the issuing of summons). The NCA adds extra consumer protections for credit-agreement debts: once such a debt has prescribed, it may not be sold, revived, or collected.
Key idea: Prescription doesn’t erase history overnight, but it extinguishes the legal enforceability of the debt. If a collector sues on a prescribed debt, you can raise prescription as a defence.
How long before a debt prescribes?
Different debts have different clocks. The most common are:
3 years: Most unsecured credit (credit cards, store accounts, personal loans, microloans) if there’s been no payment, no written acknowledgment, and no legal action in that period.
30 years: Judgment debts (once a court judgment exists) and debts secured by a mortgage bond. Courts have affirmed the long period in case law.
Other periods exist (for specific state claims, bills of exchange, and certain notarial bonds). When in doubt, get advice.
When does the clock start? Usually when the debt becomes due. The clock can be interrupted by (a) issuing summons, (b) any payment, or (c) a written acknowledgment that you owe the money—which resets the period.
What changed in 2015 (and why it matters)
In 2015, the NCA was strengthened: creditors and collectors are prohibited from collecting, selling, or re-activating prescribed consumer debt. If someone tries to make you pay such a debt—or tries to “resell” it, report it.
Warning: If you acknowledge an old debt in writing or make a small payment, you can revive it and lose the protection of prescription in a lawsuit. Be careful what you sign or say.
How to check if your debt has prescribed (step-by-step)
List the accounts in question (creditor, type, last payment date).
Confirm no payment (even R50) in the last 36 months for ordinary credit. Keep bank statements if you can.
Confirm no written acknowledgment to the creditor/collector in that time. (Emails count.)
Check for legal action: Have you received a summons or is there a judgment? If a judgment exists, the period is typically 30 years.
Pull your credit report and keep screenshots/ PDFs for your records.
If everything points to prescription, raise it in writing with the collector and ask them to cease contact and update their records.
If a collector disagrees, ask for proof of payment/acknowledgment/summons within the period. If they can’t provide it, they should stop collection under the NCA.
How to remove prescribed debt from your credit report
If a prescribed credit-agreement debt still shows negatively on your report, you can dispute it:
Lodge a dispute with each bureau and attach your evidence (ID, proof of address, your letter raising prescription, and any confirmations).
Ask the creditor/collector to confirm in writing that they’ve updated the account status and ceased collection.
Bureaus must investigate and, where appropriate, update/remove listings related to prescribed debt.
Helpful how-to resources from industry bodies echo this approach.
What collectors may not do (and what you should do)
They may not demand payment, threaten summons, or sell a prescribed NCA debt. Report such conduct.
You should not make a “goodwill” payment or sign an “acknowledgment” just to make them stop—this can reset prescription.
If in doubt, ask a registered debt counsellor or an attorney to review the dates and documents before you respond.
Common myths (and the facts)
“All debts prescribe after 3 years.”
Not all. Judgments and mortgage-bond debts generally prescribe after 30 years.“A verbal promise doesn’t matter.”
The Act focuses on payments and acknowledgments; written acknowledgments are especially risky as they reset the clock.“Collectors can revive any old debt.”
The NCA prohibits collecting or selling prescribed credit-agreement debts. Don’t be bullied into paying if the debt has truly prescribed.
When prescribed debt and debt review intersect
Under debt review, many consumers complete repayments and later find small legacy accounts still appearing. If those accounts meet the prescription test (no payment/acknowledgment/legal action within the period), you can dispute them as prescribed even after you’ve received Form 19. (For removal of the debt-review flag itself, you need Form 19—prescription isn’t the route for that.)
- Read the article here to understand what is debt review and how it can help you pay off for those accounts that do not meet prescription.
What to do today if you think a debt has prescribed
Stop and assess: Don’t pay or acknowledge until you’ve checked dates.
Gather evidence: Bank statements, emails, any notices—create a simple timeline.
Write to the collector: State that you believe the debt is prescribed under the Prescription Act and request proofto the contrary or written confirmation they’ll cease collection under the NCA.
Dispute with bureaus if listings remain after the collector concedes (or fails to prove interruption).
Get help: A registered debt counsellor can check your position and draft the right letters.
FAQs
How many years until my debt is written off in South Africa?
Usually 3 years for everyday credit, but 30 years for judgment debts and mortgage-bond debts.
What restarts prescription?
A payment, a written acknowledgment of owing, or legal action (like issuing summons).
Can a collector still contact me about a prescribed debt?
They shouldn’t try to collect or sell prescribed NCA debt. If they do, ask them to stop and report it.
Does prescription happen automatically?
The protection exists in law, but you may need to raise prescription as a defence if sued, or formally dispute a listing.
What if the debt already has a judgment?
Judgment debts generally prescribe after 30 years; the 3-year rule does not apply.
My debts are all paid (and any remaining have prescribed), but my credit report still shows “under debt review.” What now?
You need a Form 19 clearance certificate to remove the debt review flag from your credit report.
Conclusion
For most everyday credit (credit cards, personal loans, store accounts), that period is 3 years if there’s been no payment, no written acknowledgment, and no legal action in the meantime. Some debts run much longer (for example judgment debts and mortgage-bond debts usually run for 30 years).
We help you verify if a debt is prescribed, draft the right letters, and where needed guide you to safer solutions (like debt review) for active, enforceable debts. Our team deals with credit providers and bureaus daily, so you don’t have to. Ready to check where you stand? Start a free assessment and we’ll map out your next steps whether that’s disputing a prescribed debt, restructuring what’s still enforceable, or planning your exit.