PRESCRIPTION ACT 68 OF 1969

Prescription of Debt: Understanding the 3-Year Rule.

Under the South African Prescription Act 68 of 1969, standard unsecured civil and contractual debts become prescribed (legally expired) after three years if no legal action has been instituted and no acknowledgment of debt or part-payment has occurred. Once prescribed, a debt is legally extinguished. Use our interactive checker below to assess your matter.

Interactive Legal Engine

Check Debt Collectability & Prescription Status

1. Has it been 3 years or longer since the invoice or debt became due?

Yes (3+ Years) No (Under 3 Years)

2. Has the debtor made any part-payment or signed an acknowledgment of debt (AOD) within the past 3 years?

Yes (Acknowledged / Paid) No (Zero Payments / AOD)

3. Has a formal court summons been issued and served on the debtor before the 3 years elapsed?

Yes (Summons Served) No (No Summons Issued)

Statutory Enforcement Guide

Understand the Full Debt Collection Process in South Africa

Don't let aging claims lapse into prescription. Discover how Section 129 demands, court summonses, default judgments, and Section 65J salary garnishees legally interrupt prescription and secure recovery.

Read Step-by-Step Guide

Statutory Guidance

What Happens After 3 Years of Non-Payment?

What is Prescribed Debt?

Under the Prescription Act 68 of 1969, unsecured civil debts (trade invoices, personal loans, retail credit) are extinguished if ignored for 3 years without legal interruption. Once prescribed:

No Legal Enforceability: Creditors cannot obtain a court judgment or garnish bank accounts.
Prohibited Collection: Under the National Credit Act, it is unlawful to demand payment on prescribed consumer credit.

Exceptions to the 3-Year Rule (30-Year Liabilities)

Certain liabilities do not prescribe after 3 years and carry a 30-year prescription window:

🏠 Mortgage Bonds & Home Loans

⚡ Municipal Rates, Water & Electricity

📄 Tax Liabilities Owed to SARS

⚖️ Formal Court Judgments

Enquire About Debt Prescription

PRESCRIPTION AUDIT

Submit account details to verify prescription status and instruct statutory pre-prescription recovery.

Matter Docket Reference CLICK TO COPY

1

Instructing Party

Instructing Party / Company Name

Official Email

Contact Number

2

Claim & Debt Age Details

Frequently Asked Questions: Prescription of Debt

What is the 3-year prescription rule in South Africa?

Under the Prescription Act 68 of 1969, most commercial and consumer contractual debts prescribe (become legally unenforceable) after 3 consecutive years if no summons has been served and no payment or acknowledgment of debt has been made.

Can a debt collector demand payment on a prescribed debt?

No. Under the National Credit Act amendments, it is illegal for a creditor or debt collector to demand payment, collect, or re-activate an extinguished debt that has legally prescribed.

Which debts take 30 years to prescribe?

Debts secured by mortgage bonds, debts arising from court judgments, municipal taxes and rates, and debts owed to the State (such as SARS taxes) prescribe only after 30 years.