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Collecting money you are owed, or dealing with a creditor chasing you, follows rules set by the Prescription Act, the National Credit Act and the Debt Collectors Act. This guide explains the process from letter of demand to judgment, the time limits, and the protections debtors have.
Last reviewed 17 October 2026 by the CallMyLawyer editorial team. How we research.
Debts in South Africa are collected by the creditor itself, by attorneys, or by debt collectors. Debt collectors who are not attorneys must be registered with the Council for Debt Collectors under the Debt Collectors Act 114 of 1998. Attorneys are regulated by the Legal Practice Council. Both are subject to rules on what they may charge and how they may behave.
If the debt comes from a credit agreement, such as a personal loan, a store account, a credit card or vehicle finance, the National Credit Act 34 of 2005 (NCA) adds extra steps the credit provider must follow before going to court. Debts outside the NCA, such as an unpaid invoice between businesses or money lent between friends, follow ordinary contract law and court rules.
This guide is useful from both sides: if you are owed money and want to recover it, and if you are being pursued for a debt and want to know your rights.
Before any legal step, it helps to know what you can prove. A signed agreement, invoices, delivery notes, statements and messages in which the debtor admits the amount all make a claim easier and cheaper to recover. Without them, even a genuine debt can turn into a long dispute.
Under the Prescription Act 68 of 1969, most ordinary debts prescribe after three years. After that, the creditor can no longer enforce the debt in court if the debtor raises prescription as a defence.
Longer periods apply to some debts. A judgment debt, a debt secured by a mortgage bond and tax debts prescribe after 30 years. Debts based on a bill of exchange or other negotiable instrument prescribe after six years.
The three years usually starts running when the debt becomes due. It can be interrupted if the debtor acknowledges the debt, for example by making a payment or promising in writing to pay, or if the creditor serves a summons. An interruption means the period starts again.
For creditors this means you should not let an unpaid account sit. For debtors it means that paying a small amount on an old debt can restart the clock. Section 126B of the NCA prohibits selling a prescribed debt and prohibits continuing to collect a prescribed credit debt once the consumer raises prescription.
Step 1: Check your paperwork. You need proof of the agreement, the amount owed and the debtor's correct details.
Step 2: Send a letter of demand setting out the amount and a deadline to pay. For credit agreements, the NCA requires a section 129 notice instead, which also tells the consumer they may approach a debt counsellor, an ombud or a dispute resolution agent.
Step 3: Choose the right court. Claims up to R30 000 by individuals can go to the Small Claims Court from 1 August 2026. Larger claims go to the district or regional Magistrates' Court, or the High Court, depending on the amount and the limits set by the Minister.
Step 4: Issue and serve a summons through the sheriff. The debtor normally has 10 court days to give notice that they intend to defend.
Step 5: If the debtor does not defend, apply for default judgment. If they do defend, the matter proceeds to pleadings and possibly a trial, or summary judgment where the defence is weak.
Step 6: Enforce the judgment through a warrant of execution, which allows the sheriff to attach and sell assets, or through a financial inquiry and an emoluments attachment order that deducts instalments from the debtor's salary.
Before a credit provider can sue on a credit agreement, section 130 of the NCA requires that the consumer has been in default for at least 20 business days and that at least 10 business days have passed since the section 129 notice was delivered. If the consumer rejected the provider's proposals or did not respond, the provider may then approach the court.
The NCA also contains the in duplum rule in section 103(5). Once a consumer is in default, interest, fees and other charges that accumulate on the debt may not exceed the unpaid balance at the time of default. This stops old debts growing without limit.
If the consumer has already applied for debt review with a registered debt counsellor before the credit provider started legal action, the provider cannot simply carry on with enforcement in the usual way. A lawyer can check whether the NCA process was followed correctly, which is one of the most common defences raised in credit debt cases.
An emoluments attachment order, often called a garnishee order, instructs an employer to deduct an amount from the debtor's salary and pay it to the creditor. After abuse of these orders, the Courts of Law Amendment Act 7 of 2017 tightened the rules.
A court now has to be satisfied that the order is just and equitable and that the amount leaves the debtor enough to live on. Orders by consent are more closely controlled, and debtors can ask the court to suspend, amend or rescind an order. Debtors who believe an order was obtained improperly, for example in the wrong court far from where they live or work, should take legal advice quickly.
You are entitled to ask who the collector is acting for, how the amount is made up and for proof of the debt. You can check whether a debt collector is registered on the Council for Debt Collectors register.
Collectors may not threaten you, harass you at unreasonable hours, mislead you about the consequences of not paying, or charge more than the fees allowed by regulation. Complaints about registered debt collectors go to the Council for Debt Collectors, and complaints about attorneys go to the Legal Practice Council. The Credit Ombud deals with many disputes about credit and credit records.
Do not ignore a summons. If you do nothing, a default judgment can be granted against you, which makes it much harder to raise defences such as prescription or a failure to follow the NCA. A judgment can sometimes be rescinded, but that takes a separate application and has its own time limits.
Creditors should ask: Is the debt still within the prescription period? Which court is cheapest and quickest for this amount? Does the NCA apply, and was the right notice sent? Does the debtor have assets or an income worth enforcing against? What fees are recoverable from the debtor, and what will I pay myself?
Debtors should ask: Has this debt prescribed? Did the creditor follow the NCA steps? Is the amount, including interest and fees, lawful under the in duplum rule? Can I propose a payment plan, apply for debt review, or defend the claim? What happens if a judgment has already been taken against me?
For collection work, attorneys often work on a commission or percentage of the amount actually recovered, sometimes combined with fixed fees for issuing summons or obtaining judgment. Fees and collection costs that may be passed on to a debtor are limited by regulations under the Debt Collectors Act and, for credit agreements, by the National Credit Act, and the court decides which legal costs the losing party must pay. Debtors defending a claim usually pay an hourly rate or a fixed fee for a defined task such as opposing summary judgment or applying for rescission. Ask for a written fee estimate before work starts.
Most ordinary debts prescribe after three years under the Prescription Act. Judgment debts, mortgage bond debts and tax debts take 30 years, and debts on bills of exchange take six years. Acknowledging the debt or a served summons can interrupt prescription.
Section 126B of the National Credit Act prohibits selling prescribed debt and continuing to collect a prescribed credit debt once you raise prescription. Paying or acknowledging an old debt may restart the clock, so get advice before you pay.
From 1 August 2026, individuals can bring claims of up to R30 000 in the Small Claims Court. You do not need a lawyer, but you must first send a letter of demand and allow 14 days for payment.
It is the notice a credit provider must send under the National Credit Act before suing on a credit agreement. It tells you about your default and your options, including approaching a debt counsellor or ombud. The provider must then wait at least 10 business days before going to court.
Yes, through an emoluments attachment order granted by a court. Since 2017 the court must be satisfied that the order is just and equitable and that you will be left with enough to live on.
Do not ignore it. You normally have 10 court days to give notice that you intend to defend. If you do nothing, the creditor can get a default judgment against you.
The Council for Debt Collectors keeps a searchable register of registered debt collectors. Complaints about registered collectors can be lodged with the Council, and complaints about attorneys go to the Legal Practice Council.
This guide explains how the law generally works and is not legal advice. Speak to an attorney about your own matter.
