Debt can weigh heavily on your finances, but there’s a legal option many South Africans don’t know about: prescription. Under the National Credit Act (NCA), some debts can expire, meaning you’re no longer legally obligated to pay them. At CS Clear, we’re here to help you understand this process and take control of your financial future. Read on to learn how prescription works, then use our Prescription Calculator below to check your own debts.
What is Prescription?
Prescription is a legal rule that sets a time limit on how long creditors can enforce a debt. Once that time passes, the debt becomes prescribed and is no longer collectible. In South Africa, this is governed by the Prescription Act of 1969 and supported by the National Credit Act. It’s a consumer protection mechanism designed to prevent old, unresolved claims from burdening individuals indefinitely.
How Does Prescription Apply to Debt?
For most consumer debts—like credit cards, personal loans, or store accounts—the prescription period is 3 years. This period starts from the date of your last payment or when you last acknowledged the debt (e.g., agreeing to pay in writing or over the phone).
Example:
If your last payment was on March 26, 2022, and there’s been no activity since, the debt could prescribe today, March 26, 2025—unless a summons was served.
However, not all debts prescribe in 3 years. Some exceptions include:
- Home loans & mortgage bonds → 30 years
- Court judgments & fines → 30 years
- Municipal rates & taxes → Special rules apply
Unsure about your situation? Try our Prescription Calculator below to find out.
What Can Interrupt Prescription?
Prescription does not apply if:
- You make a payment, even a small one.
- You acknowledge the debt in writing or verbally.
- A court summons is served before the period expires.
If any of these occur, the 3-year period resets, and the debt remains valid. Creditors often use these tactics to keep debts active, so it's essential to be informed before responding to any claims.
What Happens to Prescribed Debt?
When a debt prescribes, it brings significant relief:
✅ You are no longer required to make payments.
✅ Creditors can’t take legal action or demand repayment.
✅ You can dispute any further collection attempts.
At CS Clear, we’ve helped many clients use prescription to legally eliminate old debts and reduce their financial burden. It’s a lawful way to move forward with your finances.
Does Prescribed Debt Still Appear on Your Credit Report?
Even if a debt prescribes, it may still reflect on your credit report for a certain period. While creditors cannot collect on it, the listing can impact your credit score. CS Clear can assist with:
- Disputing outdated or incorrect listings.
- Ensuring prescribed debt is removed from your credit profile.
How to Check if Your Debt Has Prescribed
To determine if your debt has prescribed:
- Check the date of your last payment – look at bank statements or old correspondence.
- Confirm if a summons was served (not just issued) within the 3-year period.
- Use our Prescription Calculator below for an estimate.
This process can be tricky to navigate alone. If you need expert assistance, CS Clear is here to help.
Try Our Prescription Calculator
Curious about your debt?
Note: This tool provides an estimate. For expert advice, contact CS Clear.
Take Control of Your Finances Today
Prescription offers a legal way to move past old debts and regain financial stability. At CS Clear, we’re committed to helping South Africans understand their rights and explore debt relief options. Use our Prescription Calculator to get started, then reach out to us for tailored support.
Contact us. Your path to a clearer financial future begins here!