Can Prescribed Debt Still Be Collected?
A prescribed debt cannot be enforced through the courts, but debt collectors may still contact you and ask for payment voluntarily. You are not legally obliged to pay a prescribed debt, but you should not acknowledge it without advice, as acknowledgement can revive the creditor's rights. If contacted about an old debt, check whether it has prescribed before responding.
Key Points
- Prescribed debt cannot be enforced through the courts.
- Collectors may still contact you to ask for payment.
- Do not acknowledge an old debt without advice.
- Check whether the debt has prescribed before responding.
This article provides general consumer information and is not legal advice. Individual circumstances differ. If legal proceedings have already started, obtain advice relevant to your specific circumstances.
The difference between enforceable and prescribed
If a debt has prescribed, the creditor cannot obtain judgment or use the courts to force payment. However, nothing prevents a collector from writing or calling to ask you to pay voluntarily. The key is that you cannot be compelled to pay.
This is why some collectors pursue old debts in the hope that consumers will pay without realising the debt is prescribed.
Why acknowledgement matters
Acknowledging a prescribed debt — by making a payment or admitting liability — can interrupt prescription and revive the creditor's right to enforce the debt. This is why you should not pay or acknowledge an old debt before checking whether it has prescribed.
If you are unsure, seek advice before responding to any demand about an old debt.
What to do if contacted
Ask for written details of the debt, including the original creditor, the date it arose and the last payment date. Use this to assess whether the prescription period has expired. If you believe the debt has prescribed, you can raise prescription as a defence.
Keep records of all correspondence and seek advice if you are uncertain.
Frequently Asked Questions
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Reviewed by Carolina Guevara Harris
Registered Debt Counsellor · NCRDC3152
Last updated: 17 September 2025
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