Debt Prescription
Understanding Whether an Old Debt Has Prescribed
Certain debts may become legally unenforceable after the applicable prescription period — but only if specific legal requirements are met.
The service
About Debt Prescription
In South Africa, the Prescription Act provides that certain debts may prescribe after a set period if the creditor has not taken the required steps and the debtor has not acknowledged the debt. For many ordinary consumer debts this period is three years, but other periods apply to certain types of debt, such as judgment debts.
Prescription is not automatic simply because an account is old. The period can be interrupted by a payment, a written or verbal acknowledgement of the debt, or the service of legal process. Each account must therefore be investigated on its own facts.
CrediSure investigates the history of your accounts and helps you understand whether a prescription argument may be available, and if so, how it can be raised with the creditor or collection agency.
Our role
How CrediSure Assists
- Review account histories, statements and the dates of last payment or acknowledgement
- Investigate whether any legal proceedings were instituted or served
- Request records from creditors and collection agencies
- Prepare and communicate a prescription position where the facts support it
- Follow up on account status updates with creditors and bureaus
Step by step
The Process
- 01
Account review
We identify the accounts in question and gather available information.
- 02
History investigation
We examine payments, acknowledgements and any legal proceedings.
- 03
Assessment
We explain whether a prescription argument may be supported.
- 04
Creditor engagement
Where appropriate, we raise the position with the creditor or agency.
- 05
Confirmation
We follow up on the outcome and any profile updates.
Potential benefits
- Informed decisions about old accounts before making any payment or acknowledgement
- Professional engagement with creditors and collection agencies
- Clarity about which accounts may and may not be enforceable
Important considerations
- Not every account older than three years has prescribed.
- A payment or acknowledgement, even a small one, may interrupt prescription.
- Judgment debts and certain other debts have longer prescription periods.
- Prescription must generally be raised by the debtor; creditors may dispute the position.
FAQ
Debt Prescription — common questions
Is every debt older than three years prescribed?+
No. The period may have been interrupted, or a longer period may apply. Each account needs to be investigated individually.
Should I make a small payment to stop collection calls?+
Be careful. A payment or acknowledgement may interrupt prescription. It is advisable to obtain guidance before paying or acknowledging an old debt.
Will a prescribed debt be removed from my credit report?+
Bureau treatment depends on the listing type and the applicable regulations. We assist with following up on any profile updates that may be appropriate.
CrediSure Consultings provides credit advisory and assistance services. Eligibility and outcomes depend on individual circumstances, creditor responses and applicable legal requirements. No specific result, credit score improvement, debt deletion or loan approval is guaranteed. Information on this website is general in nature and is not legal advice.
Related perspective
What Is Debt Prescription? →Why some old debts may become unenforceable — and why not every old account qualifies.
Independent industry resources
An informed perspective
Public guidance from regulators, credit-information specialists and complaints bodies.
These are independent reference sources, not testimonials about CrediSure. Inclusion does not imply endorsement, affiliation or a partnership. General guidance is not a decision on your individual case.
Find out whether debt prescription may be right for you
Speak to our team about your credit profile and discover the solutions that may be available to you.