Can debt collectors call me at work?

Yes, a debt collector may phone you at work, but there are firm limits on what they can say and do. They may not tell your employer, your manager, your receptionist or a colleague that you owe money. They may not call so often, or at such hours, that it amounts to harassment. And they may not threaten you with things they cannot lawfully do, such as arrest.

Debt collection in South Africa is regulated. Registered debt collectors fall under the Debt Collectors Act 114 of 1998 and the code of conduct made under it, and are supervised by the Council for Debt Collectors. Attorneys who collect debt answer to the Legal Practice Council. Credit providers themselves answer to the National Credit Regulator under the National Credit Act 34 of 2005.

What a collector may do

• Contact you by phone, email, SMS or letter to demand payment of a debt you actually owe.
• Contact you at your workplace if that is the number they have for you.
• Ask you to pay, offer a settlement or propose a payment arrangement.
• Take legal steps if you do not pay, which means summons, judgment and possibly an attachment order.

What a collector may not do

• Discuss your debt with anyone but you. They may not tell your employer, HR, colleagues, neighbours or family members why they are calling, and generally may not leave a message with a third party that reveals the debt. Under the Protection of Personal Information Act 4 of 2013, your financial information is personal information that may not be shared without a lawful basis.
• Harass you. Repeated calls day after day, calls at unreasonable hours, abusive language, and calls designed to embarrass you are all conduct the code of conduct prohibits.
• Threaten criminal consequences. You cannot be arrested or imprisoned for owing money on an ordinary civil debt. Any threat of arrest for non-payment is false.
• Pretend to be someone they are not. They may not claim to be the sheriff of the court, an official of the court, the police or an attorney if they are not.
• Threaten steps they have not taken. Saying your salary will be attached next week when there is no judgment and no court order is misleading conduct.
• Charge whatever they like. Collection costs and fees are limited by law. Ask for a breakdown of capital, interest, legal costs and collection commission in writing.
• Collect a prescribed debt where you have raised prescription. The National Credit Act prohibits this and prohibits the sale of prescribed debt. See what happens when a debt prescribes.

How to stop calls at work

1. Give them a better channel. Send an email saying you are not available at your workplace number and giving a mobile number and email address for all future contact. This is reasonable and most collectors will comply, because they want to reach you.
2. Put it in writing. Verbal requests vanish. Email creates evidence you can attach to a complaint.
3. Ask for the debt in writing. Ask for the name of the original creditor, the account number, the date of the last payment, a full statement of account and proof that they are entitled to collect. A legitimate collector can produce this.
4. Keep a log. Date, time, number, name of the caller, and what was said. If a colleague was told about the debt, write down their name and what they were told, on the same day.
5. Do not admit the debt or make a payment until you have checked whether it has prescribed. A payment or an acknowledgement restarts the three year clock under the Prescription Act 68 of 1969. Our prescription checker helps you work out the position.

Where to complain, for free

• The Council for Debt Collectors regulates registered debt collectors and can act against a collector who breaches the code of conduct. Ask the caller for their registration details first.
• The National Credit Regulator, 0860 627 627, handles complaints about credit providers and conduct under the National Credit Act.
• The Credit Ombud, now part of the National Financial Ombud Scheme South Africa, resolves consumer credit disputes at no cost.
• The Legal Practice Council if an attorney's firm is the one collecting and the conduct is improper.
• The Information Regulator under the Protection of Personal Information Act if your information has been shared unlawfully.
• The magistrates' court if the conduct amounts to harassment. The Protection from Harassment Act 17 of 2011 allows you to apply for a protection order, and the application is made at your local magistrates' court without an attorney.

Complaints work better with evidence. Include your call log, screenshots of messages, the collector's name and the account reference.

What if the debt is not yours?

Say so in writing, immediately, and ask for proof. Do not pay anything to make it stop. Then check your credit record at each bureau and dispute any listing, using our guide on disputing a credit listing. If the account was opened fraudulently, open a case with the South African Police Service and keep the case number.

If the debt is yours and you cannot pay

Ignoring collectors does not make the debt go away and usually ends in summons. Better options are to negotiate a written payment arrangement, ask for a settlement figure, or, if you are struggling across all your accounts, apply through a registered debt counsellor for debt review. Our guide on how long debt review takes sets out what that involves.

For small amounts, remember the Small Claims Court handles claims up to R20 000 without an attorney, and Legal Aid South Africa can be reached on 0800 110 110.