What Is Prescription of Debt in South Africa?
Prescription is a legal principle under the Prescription Act that extinguishes a debt after a set period — generally three years for most ordinary debts — during which the creditor has not claimed payment or taken steps to enforce it. Once a debt has prescribed, the creditor cannot lawfully enforce it through the courts. However, prescription can be interrupted by certain actions.
Key Points
- Prescription extinguishes a debt after a set period.
- Most ordinary debts prescribe after three years of inaction.
- Prescription can be interrupted by certain creditor actions.
- A prescribed debt cannot be enforced through the courts.
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.
How prescription works
Under the Prescription Act, a creditor loses the right to enforce a debt through the courts if they do not claim payment or take prescribed steps within the applicable period. For most ordinary consumer debts, this period is three years from when the debt became due.
Once prescribed, the debt is extinguished and the creditor cannot obtain judgment or enforce payment.
What interrupts prescription
Prescription can be interrupted if the creditor takes certain steps, such as instituting legal proceedings or if the consumer acknowledges the debt. An interruption can restart the prescription period. This is why consumers should be careful about acknowledging old debts without advice.
The rules around interruption are technical, so seek advice if you believe a debt may have prescribed.
Prescription and debt review
Debts included in debt review are being actively dealt with, which generally means prescription is not running on those accounts in the ordinary way. Prescription is more relevant to old, dormant debts that a collector may try to revive years later.
If you are contacted about an old debt, do not acknowledge it before checking whether it has prescribed.
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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