How long a debt lasts in South Africa: prescription periods under the Prescription Act

Section 11 of the Prescription Act 68 of 1969 sets four different clocks for how long a creditor has to enforce a debt before it prescribes — extinguishing the debt by law. Most everyday debts (credit cards, personal loans, retail accounts, unpaid invoices) fall into the default three-year period. This is general information only; whether a specific debt has prescribed depends on facts such as when it fell due and whether prescription was interrupted, and that needs proper legal advice.

Reviewed by TefCo Compliance Research — last verified 15 September 2026.

In short

Three years is the default prescription period for most ordinary debts, unless another Act says otherwise (Prescription Act 68 of 1969, section 11).
Six years applies to a debt arising from a bill of exchange, another negotiable instrument, or a notarial contract.
Fifteen years applies to a debt owed to the State arising from a loan or advance of money, or a sale or lease of land by the State.
Thirty years applies to a mortgage-bond debt, a judgment debt, and tax debts.
TefCo is not a legal advisory practice. This page is general compliance information, not legal advice — get advice on your specific facts before relying on a prescription argument.

The four periods set by section 11

Most consumer and trade debt — credit card balances, personal loans, retail accounts, unpaid invoices for goods or services, medical bills — falls into the three-year default category.

Prescription periods under the Prescription Act 68 of 1969, section 11
Period	Applies to
30 years	Debt secured by a mortgage bond; a judgment debt; tax debts; certain mining royalty debts owed to the State
15 years	A debt owed to the State arising from a loan, advance of money, or a sale or lease of land by the State
6 years	A debt arising from a bill of exchange, another negotiable instrument, or a notarial contract
3 years	Any other debt, unless another Act of Parliament sets a different period

This is a summary of the statutory categories only. It is not a substitute for reading section 11 itself against your specific facts, or for legal advice.

Prescription can be interrupted or delayed

The Prescription Act contains its own rules on when the running of prescription is interrupted (for example, by an acknowledgement of debt or by service of process) or delayed. A South African court has confirmed that service of summons interrupts prescription even where a notice required under the National Credit Act 34 of 2005 is only delivered to the consumer after the three-year period has already run.

This means a debt that looks prescribed on the face of the original due date may not actually be prescribed once acknowledgements, part payments, or earlier legal steps are taken into account — and the reverse can also be true. Working this out correctly is a legal question, not a compliance checklist item.

This page cannot tell you whether a specific debt has prescribed. Get advice from a qualified legal practitioner before relying on prescription as a defence, or before writing off a debt as prescribed for collection purposes.

Why this matters for anyone collecting or managing debt

A business that keeps chasing a debt after it has genuinely prescribed risks acting unlawfully and reputationally. A business that writes off a debt as prescribed too early, without properly checking for interruptions, may be giving up a legitimate claim. Both mistakes are avoidable with a documented review process and, where the amount or facts are unclear, a legal opinion.

Frequently asked

Does making a small payment restart the prescription clock?

It can — an acknowledgement of debt, which may include a payment, is one of the events the Prescription Act treats as interrupting prescription. Whether a specific payment or communication counts is a legal question that depends on the facts.

Is a judgment debt subject to the same three-year period as the original debt?

No — once a court gives judgment, the judgment debt itself falls into the 30-year category under section 11, separately from whatever period applied to the underlying debt before judgment.

Can a credit provider still sue after three years if a section 129 notice was delayed?

This depends on the facts and has been the subject of reported case law. It is not a question this page can answer for a specific matter — get legal advice.

Sources

TefCo Corporate Compliance (Pty) Ltd is a compliance management platform, not a legal, tax or advisory firm. This guide is general information, not advice. Fees, dates and thresholds change — confirm current figures with the regulator before you rely on them.