Prescription checker

This checker works out the date on which a debt or a legal claim prescribes. Prescription is the rule that a debt which is not enforced within a set time can no longer be enforced at all. It cuts both ways: it protects you from old accounts a collector tries to revive, and it can destroy your own claim if you wait too long to sue. The tool is for consumers being chased for an old debt, creditors wondering whether they can still collect, and anyone with a damages claim who needs to know their deadline.

What this calculator works out and who it is for

You enter three things: the type of debt or claim, the date the debt became due or the claim arose, and, if there was one, the date of the last acknowledgement or summons. The third field is optional. Leave it blank if the debtor never admitted the debt and no summons was served.

The checker returns the prescription period for that type of debt, the date prescription is complete, whether that date has passed as at today, and how much time remains. For a claim against an organ of state it also gives the deadline for the written notice that must be sent before you can sue.

Use it if a collector is calling about an account you last paid years ago, if you lent money and want to know how long you have to act, or if you are considering a claim against the RAF, a hospital, a municipality or the police.

How the calculation works

The service follows a simple sequence.

First, it looks up the prescription period for the debt type you chose in the LawMatch rate table. The periods are: 30 years for a debt secured by a mortgage bond, a judgment debt, a tax debt and a debt owed to the State for minerals or mining rights; 15 years for a debt owed to the State arising from a loan, sale or lease of land; six years for a bill of exchange, a negotiable instrument or a notarial contract; three years for a Road Accident Fund claim where the driver or owner is identified; two years for a Road Accident Fund hit-and-run claim; three years for medical negligence, measured from knowledge of the harm; three years for a claim against an organ of state; and three years for any other debt, which covers loans, store accounts, credit cards, contracts and most damages claims.

Second, it decides where the clock starts. If you entered an interruption date, the clock starts on that date, because an acknowledgement of liability or the service of a summons makes prescription start again from the beginning. If you did not, the clock starts on the due date. The checker will not accept an interruption date that is earlier than the due date.

Third, it adds the prescription period in whole years to the start date. That is the date prescription is complete.

Fourth, it compares that date with today. If today is on or after the prescription date, the checker reports that the claim appears to have prescribed and shows no time remaining. Otherwise it counts the days left and describes them in years and months, months, or days.

Fifth, it adds warnings and extra lines depending on the type. If the period has run out, it reminds you that a debtor must raise prescription as a defence and that it is not applied automatically. If fewer than six months remain, it warns that a summons must be served, not merely issued, before the date. For a claim against an organ of state it adds a line showing the written notice deadline, which is six months after the due date, and warns if that has passed. For a hit-and-run claim it reminds you that the claim must be lodged within two years, that this is not extended for minors, and that you should report the accident to the police at once, because the police record is the main evidence that an unidentified vehicle caused it. For medical negligence it reminds you that the three years run from knowledge of the harm. For either kind of RAF claim it notes that lodging a claim with the RAF delays prescription and that a summons must then be served within five years of the accident.

The checker does not adjust for the delays in the Prescription Act, such as the creditor being a minor or the debtor being out of the country. It lists those situations in its notes, but it cannot know whether they apply to you.

The law behind the numbers

The Prescription Act 68 of 1969 sets the ordinary periods and the rules on when the clock starts, stops and restarts. The rate table names it as the primary source. Under the Act, prescription generally begins to run when the debt becomes due, and a debt is not treated as due until the creditor knows, or could reasonably have known, who the debtor is and the facts from which the debt arises. Prescription is interrupted, meaning it starts afresh, when the debtor acknowledges liability, whether expressly or by conduct such as a part payment, or when the creditor serves a court process claiming the debt. Prescription is delayed, meaning it cannot complete until a year after the impediment ends, in situations such as the creditor being a minor or under curatorship, the debtor being outside the country, or the parties being married to each other.

The Road Accident Fund Act 56 of 1996 sets its own periods for claims against the RAF: three years from the accident to lodge a claim where the driver or owner is identified, and two years for an unidentified driver.

The Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 requires written notice of an intended claim against the state, a municipality, the police or a public hospital within six months of the debt becoming due, failing which a court must condone the late notice before the case can proceed.

The National Credit Act 34 of 2005 adds a consumer protection: a credit provider may not sell or collect a debt that has prescribed, and may not list it with a credit bureau.

The periods in the rate table carry an effective date of 1 December 1970, the date the Prescription Act came into force, and are reviewed whenever the legislation changes.

Worked example

This example is illustrative. Lerato bought furniture on a store account. The last instalment was due on 15 March 2023 and she never paid it. On 10 August 2024 she made a small payment of R200 after a collector phoned her. Nothing has happened since. Suppose she runs the checker on 1 September 2026.

The debt type is an ordinary debt, so the period is three years. Because the R200 payment counts as an acknowledgement of the debt, Lerato enters 10 August 2024 as the interruption date. The clock starts there. Adding three years gives 10 August 2027. Today, 1 September 2026, is before that date, so the debt has not prescribed. About eleven months remain.

Now suppose Lerato had never made that payment. The clock would have started on 15 March 2023 and run out on 15 March 2026. On 1 September 2026 the checker would report that the debt appears to have prescribed. If the collector sued her, she could raise prescription as a defence, and the collector could not lawfully list the account at a credit bureau.

The lesson is the R200 payment. A small payment or a signed acknowledgement made before the period runs out restarts the whole period. Made after it has run out, it restarts nothing, but the money cannot be reclaimed and a collector may argue that you gave up the defence.

What the calculator does not include

The real position can differ from the checker's date for several reasons.

Knowledge. Prescription only starts when you know, or should reasonably know, who owes you and the facts of the debt. For hidden defects, fraud and some medical claims that can be much later than the date of the event. The checker uses the date you enter.

Multiple interruptions. The checker takes one interruption date. If there were several, use the most recent one.

Delays. If the creditor was a minor, the debtor was overseas, or the parties were married, the period may be extended. The checker does not model this.

Disputed facts. Whether a phone call amounted to an acknowledgement, whether a summons was properly served, and when a debt really became due are questions a court decides on evidence.

Interest and costs. The checker says nothing about how much is owed, only whether it can still be claimed.

When to get advice

Get advice if any of these apply.

A collector is pressing you to sign an acknowledgement of debt or make a "goodwill" payment on an old account. Do not sign or pay before you have checked the dates. Read how to check if a debt has prescribed.

A prescribed debt is still listed on your credit report. Read how to dispute a listing on your credit report. Listings of prescribed debt can be challenged with the bureau and the National Credit Regulator.

You have received a summons for a debt you believe has prescribed. Prescription must be raised as a defence, and it must be raised in time.

Your own claim is inside six months of prescribing. A summons must be served on the defendant before the date, and service can take weeks. Do not wait.

The free routes are: the National Credit Regulator and the credit bureaus for disputes about listings; the National Financial Ombud Scheme for complaints against banks and credit providers; and Legal Aid South Africa on 0800 110 110 for a summons you cannot afford to defend. See our legal aid page. Our guide on what happens when a debt prescribes explains the practical effect.

LawMatch is not a law firm and this page is general information, not legal advice. Prescription turns on facts a calculator cannot see, so confirm the position before you rely on it.

Frequently asked questions

Does a prescribed debt disappear?

Not quite. The debt still exists, but it can no longer be enforced through the courts, and under the National Credit Act a credit provider may not collect it or sell it. In practice it is unenforceable, which is what matters.

Does a phone call restart prescription?

It can, if in the call you admitted that you owe the money while the period was still running. An express acknowledgement does not have to be in writing. Once the period has run, an admission cannot restart it, although a collector may argue that you gave up the defence. Be careful what you say to collectors about old accounts.

Can a debt collector still contact me about a prescribed debt?

A credit provider may not collect a prescribed debt under the National Credit Act. Debts that fall outside that Act are less clearly protected, but a collector cannot sue on them successfully if you raise prescription.

What if I did not know who caused my loss?

Prescription does not start until you know, or reasonably should know, the identity of the debtor and the facts of the claim. Enter the date you gained that knowledge rather than the date of the event, and get advice, because the point is often disputed.