Usually not. Under the Prescription Act, most ordinary debts in South Africa prescribe after three years. Once a debt has prescribed, the creditor can no longer enforce it through the courts.
Exceptions to the three-year rule
- Judgment debts prescribe after 30 years
- Debts secured by a mortgage bond prescribe after 30 years
- Some debts owed to the State have longer periods
When prescription is interrupted
The three years can start again if you acknowledge the debt, for example by signing an acknowledgment of debt or by making a payment. Service of a summons also interrupts prescription. This is why debt collectors sometimes ask for a small payment on an old account.
The National Credit Act also prohibits collecting, or selling, a prescribed debt under a credit agreement. If you are contacted about a very old debt, ask for the date of the last payment and the full statement before you pay anything.
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This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.