Prescribed debt is old debt that has legally expired under South African law, meaning your creditor can no longer sue you for it, demand payment, or list it as a negative item on your credit report. It doesn't disappear on its own, though. You often need to check your credit report and, if necessary, dispute an old listing before it's actually removed. This guide explains exactly which law applies, how long prescription takes for different types of debt, what can reset the clock, and the steps to check and clear a prescribed debt from your credit report.
Key takeaways
- Most consumer debt (credit cards, personal loans, store accounts) prescribes after 3 years under the Prescription Act 68 of 1969, not the National Credit Act (a common misconception).
- Mortgage bonds and judgment debts have a much longer prescription period: 30 years.
- Any payment or acknowledgement of the debt, even a verbal one, resets the 3-year clock. Being served with a summons also interrupts it.
- Once debt has prescribed, section 126B of the National Credit Act says creditors may not demand payment, sell the debt, or list it on your credit report.
- Debt under an active, up-to-date debt review plan generally doesn't prescribe: each payment you make resets the clock (see below).
- Credit bureaus must respond to a prescribed-debt dispute within 20 working days.
Jump to:
- What does it mean when a debt is prescribed debt?
- Which law governs prescribed debt in South Africa?
- How long does it take for debt to prescribe?
- What interrupts or resets the prescription clock?
- What happens once a debt has prescribed?
- How to check if your debt is prescribed
- Does debt prescribe while you're under debt review?
- Can debt review be removed if debt has prescribed?
- Frequently asked questions
What does it mean when a debt is prescribed debt?
In South Africa, prescribed debt refers to old debt that is no longer legally ‘collectable’ because it has passed its prescription period. Before we get into the criteria you have to meet for a debt to count as prescribed, it's important to note that a debt doesn't get automatically deleted from your credit report the moment it prescribes. You usually need to dispute the listing yourself. And if a debt hasn't prescribed yet, the best way to deal with it is still to pay it off or arrange a payment plan.
For most types of debt, all of the following must be true for it to count as prescribed:
- It hasn't been acknowledged (in writing, verbally, or by payment) for three years or more.
- The creditor hasn't taken legal action (served a summons) to enforce the debt within that period.
- There's been no valid interruption of the prescription period (see below).
Certain types of debt, like mortgage bonds and court judgment debts, have much longer prescription periods, which we cover in the table below.
Which law governs prescribed debt in South Africa?
This is where a lot of confusion comes from. Two different laws work together here, and it's useful to know which one does what:
- The Prescription Act 68 of 1969 is the law that actually sets the prescription periods (section 11) and explains when the clock starts running (section 12) and what can interrupt it (sections 14 and 15). This is the Act that makes a debt “prescribed” in the first place.
- The National Credit Act 34 of 2005 (NCA), specifically section 126B, builds on that: once a debt has prescribed under the Prescription Act, a credit provider or debt collector may not demand payment for it, sell or cede it to another collector, or continue listing it on your credit report.
In practice, this means the Prescription Act decides when a debt expires, and the NCA decides what a creditor is (and isn't) allowed to do about it afterwards.
How long does it take for debt to prescribe?
The prescription period depends on the type of debt, as set out in section 11 of the Prescription Act:
| Type of debt | Prescription period |
|---|---|
| Most consumer debt: credit cards, personal loans, retail store accounts, unsecured credit | 3 years |
| Bills of exchange and notarial contracts | 6 years |
| Debt secured by a mortgage bond (e.g. a home loan in default) | 30 years |
| Judgment debt (once a court has granted judgment against you) | 30 years |
Tax and certain state debts follow their own rules under separate legislation, so they're not included in this table. Speak to a tax practitioner if that applies to you.
What interrupts or resets the prescription clock?
This is the part most people don't realise: prescription isn't automatic, and it's easy to accidentally reset the clock. Under the Prescription Act, the three-year period restarts from zero if, at any point:
- You make a payment, even a small once-off amount towards the debt.
- You acknowledge the debt, in writing, by signing an acknowledgement of debt (AOD) or payment arrangement, or even verbally (for example, telling a call centre agent "yes, I still owe this").
- You're served with a summons, which pauses (and can effectively restart) prescription while the legal process is underway.
A letter of demand on its own, or a debt collector simply calling you, does not interrupt prescription. Only an actual payment, acknowledgement, or valid summons does. This is exactly why it's worth being careful about what you say (and don't sign) if you're contacted about an old debt you think may have prescribed.
What happens once a debt has prescribed?
Once a debt has prescribed, creditors are not allowed to demand payment, sell it to a debt collector, or list it negatively on your credit report. If they take you to court over a prescribed debt, you (or your legal representative) should actively raise prescription as a defence. South African courts don't automatically apply it on your behalf, so staying silent can cost you the protection the law gives you.
Find out how to clear your name on ITC in this blog post.
How to Check if Your Debt is Prescribed
Many consumers unknowingly keep paying prescribed debt simply because they're unaware of their rights. Here's how to check:
-
Review your credit report
Prescribed debt can show up on your credit report as an old account you may have forgotten about. Get your free annual credit report from a registered credit bureau like TransUnion, Experian, or ClearScore, and look for any debt older than three years (or 30 years for a mortgage bond or judgment debt). -
Confirm the debt qualifies
- Check the last date you made a payment or acknowledged the debt.
- Confirm there's been no summons or legal action on the debt during that period.
- Identify the type of debt and its applicable prescription period from the table above.
-
Dispute incorrect listings
If you find a prescribed debt on your credit report, dispute the listing directly with the credit bureau. Provide evidence that the debt has prescribed, such as account records or correspondence showing no payment or acknowledgement within the prescription period. Credit bureaus are required to investigate and respond to your dispute within 20 working days.
❗ Once a debt is prescribed, the creditor may not legally demand payment or list it on your credit report. Doing so is a violation of your consumer rights under section 126B of the NCA.
Does debt prescribe while you're under debt review?
Being under debt review doesn't switch prescription off by itself. What actually stops the clock is the same thing that applies to any other debt: acknowledgement and payment. When you enter debt review, you (or your debt counsellor, on your behalf) formally acknowledge your debts as part of the restructured payment plan, and every payment you then make under that plan counts as an acknowledgement under the Prescription Act. That resets the three-year period each time.
In practice, this means debt included in an active, up-to-date debt review plan doesn't reach prescription, because the ongoing payments keep interrupting the clock. If a debt review plan lapses or a specific account stops being serviced, however, prescription could start running on that account like any other debt, so it's worth keeping your plan current and asking your debt counsellor to confirm the status of each account.
Can debt review be removed if debt has prescribed?
Meerkat specialises in helping consumers regain control of their finances. If you suspect a debt has prescribed and you're flagged as under debt review, we can assist you in obtaining a clearance certificate to ensure your credit report reflects accurate, up-to-date information.
Frequently Asked Questions About Prescribed Debt
Q: Can you be blacklisted for prescribed debt?
A: No. There's also technically no such thing as "blacklisting" in South Africa. Credit bureaus record your payment history, they don't maintain a blacklist. Read our blog post for more.
Q: Can a creditor still contact me about a prescribed debt?
A: No. Once a debt has prescribed, the creditor cannot legally demand payment, threaten legal action, or sell the debt to a collector.
Q: How long before a debt is written off in South Africa?
A: It depends on the type of debt. Most consumer debt (credit cards, personal loans, store accounts) prescribes after 3 years. Mortgage bonds and judgment debts take 30 years. See the table above for the full breakdown.
Q: How do I clear a prescribed debt from my credit report in South Africa?
A: Contact the credit bureau that issued your report and formally dispute the listing, with evidence that no payment, acknowledgement, or summons occurred within the prescription period. The bureau must respond within 20 working days.
Q: Can prescribed debt be reinstated?
A: Yes. If you acknowledge the debt after it has prescribed, or make a payment towards it, this can restart the clock and revive the creditor's right to claim it. Be careful what you sign or say when a collector contacts you about an old debt.
Q: How long does it take to remove prescribed debt from my credit report?
A: Once you've lodged a dispute, credit bureaus must respond within 20 working days.
Q: Can debt prescribe while I'm under debt review?
A: Generally no, because your ongoing payments under an active debt review plan keep resetting the three-year clock. See the section above for the detail.
Q: How many years is prescribed debt?
A: Three years for most consumer debt. Mortgage bonds and judgment debts take 30 years, and bills of exchange or notarial contracts take 6 years.
Q: Can I be sued for a debt that has already prescribed?
A: A creditor isn't supposed to sue you for prescribed debt, but if it happens, you need to actively raise prescription as your defence in court. It isn't applied automatically. Get advice from a debt counsellor or attorney if you're served with a summons for an old debt.
Need help with prescribed debt or debt review?
👉 Contact Meerkat today for a free consultation.
This article is for general information and isn't legal advice. It was last reviewed for accuracy in August 2026 against the Prescription Act 68 of 1969 and the National Credit Act 34 of 2005. Sources: Prescription Act 68 of 1969 (Department of Justice and Constitutional Development) · National Credit Regulator · related reading: National Credit Regulator in South Africa: Complete Guide and How do I clear my name from the NCR?