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Debt & credit

Debt review, garnishee orders, prescription, credit bureau disputes and repossession: what your rights are and what it costs to get help.

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Most people arrive here because something has already happened. A letter came from an attorney. Money vanished off your salary. The bank phoned about the car. Or a home loan was declined and nobody will tell you why. This page sorts those situations into the right starting point, so you stop guessing and start with the question that actually fits your problem.

What this area of law covers

Debt and credit law governs what a creditor may do to get money out of you, and what you may do to stop it. In South Africa the central statute is the National Credit Act 34 of 2005, which covers almost every loan, credit card, store account, overdraft and vehicle finance agreement. It sets out the notices a creditor must send before it sues you, the debt review process, and how credit bureaux must handle your record. Alongside it sit the Prescription Act 68 of 1969, which kills off old debts, and the Magistrates' Courts Act 32 of 1944, which controls the orders that attach your salary.

The situations people actually arrive with are narrower than the statutes. Your salary is short and you cannot work out who deducted from it. A collector is calling your workplace and your family. You want to know whether a debt from 2016 can still be enforced. You are in debt review and it feels like it will never end, or you want out. A judgment you never knew about is sitting on your credit report. The bank wants the car back. Or you are the one who is owed money and cannot get paid.

Two ideas run through all of it. First, a creditor almost always needs a court order before it can take anything from you, whether that is your salary, your car or your furniture. Second, almost every debt has an expiry date, and creditors rely on you not knowing yours.

Where to start, by problem

If money is being deducted from your salary and you did not agree to it, start with what is an emoluments attachment order, then read can a garnishee order be placed on my salary without my knowledge. Many of these orders were granted in the wrong court, or without proper consent, and can be attacked.

If a letter arrived warning you that you are in arrears and something will follow, that is probably a section 129 notice. Read what is a section 129 notice and what should I do about it. This letter is the fork in the road. Answering it opens options that disappear once summons is issued.

If the debt is old and you are not sure it can still be enforced, read how to check if a debt has prescribed and then what happens when a debt prescribes. Prescription is the single most underused defence in South African consumer debt.

If collectors are phoning you at work, or phoning your relatives, read how to stop debt collectors harassing you and can debt collectors call me at work. There are limits on what a registered debt collector may do, and a complaints route when they cross them.

If your credit report shows something wrong, paid or not yours, read how to dispute a listing on your credit report. The bureau must investigate at no charge to you.

If you cannot pay everything every month and want a formal way out, compare the routes in debt review versus sequestration, which is right for you. They are not interchangeable, and choosing the wrong one is expensive.

If you are already in debt review, read how long does debt review take in South Africa, how does debt review affect my credit score and can I buy a car or house while under debt review. If you want out early, read how to get out of debt review early. The clearance certificate matters more than most people realise.

If the bank is threatening to take your car, read can the bank repossess my car without a court order before you hand over any keys.

If someone in your family has died owing money, read what happens to my debt when I die. Creditors chase surviving relatives who owe nothing at all.

The deadlines that catch people out

Prescription. Most ordinary debts prescribe three years after the debt became due. That includes credit card balances, store accounts, personal loans, overdrafts and municipal accounts. Once a debt has prescribed, it cannot be enforced and it may not be listed on your credit record. The catch is that, while the three years are still running, the clock restarts if you acknowledge the debt, and a part payment or an email saying "I will pay next month" can count as an acknowledgement. After the three years have run, a payment does not restart the clock, but you cannot get the money back and a collector may argue that you gave up the defence. Some debts run longer, including judgment debts and mortgage bonds, so check yours rather than assuming. Use the prescription checker.

A section 129 notice. Once it is delivered you have a limited window to respond and refer the matter to a debt counsellor, an alternative dispute resolution agent or an ombud before the creditor may go to court. Miss it and the creditor may issue summons.

A summons. Once you are served, you have a short period to enter an appearance to defend. Miss it and default judgment can be taken against you without you ever seeing the inside of a courtroom. That judgment then sits on your record for years and opens the door to attachment of your salary or your goods.

Credit bureau disputes. Once you lodge a dispute the bureau must investigate within the period set by the National Credit Act, and the listing must be marked as disputed in the meantime. Do not let a dispute sit unanswered without following up.

Debt review. Withdrawing is only straightforward at certain stages. After a court order restructuring your debts, getting out early is a court process, not a phone call.

What it costs, and what is free

The full picture is on what does debt and credit cost. The short version is that the routes most likely to help you are free.

The National Credit Regulator takes complaints about credit providers, debt counsellors and credit bureaux at no charge. The Credit Ombud within the National Financial Ombud Scheme South Africa resolves disputes about credit agreements and listings at no cost to you. Credit bureaux must give you a free credit report each year and must investigate a disputed listing without charging you. The Small Claims Court charges no fee and allows no attorneys, which cuts both ways. Legal Aid South Africa applies a means test and takes some civil matters. Debt counsellors charge regulated fees that are built into your restructured payment rather than paid upfront.

Where money does go out the door is defending a summons, applying to rescind a default judgment, opposing a repossession, or sequestration, which is a High Court application and the most expensive route on this page.

The mistakes that cost the most

Ignoring a summons. Nothing on this page costs you more. A default judgment is taken in your absence, and undoing it later takes a rescission application you must pay for.

Paying something towards an old debt. A small payment on a debt that was about to prescribe can restart the three year clock and keep alive a claim you were about to escape. On a debt that has already prescribed, the payment cannot be reclaimed, and a collector may argue that it showed you had given up the defence.

Admitting the debt in writing. The same problem. A collector who asks you to "just confirm the amount so we can update our records" may be trying to interrupt prescription.

Handing over the car voluntarily. Once you surrender the vehicle, it goes to auction, and you remain liable for the shortfall between the auction price and the balance. Understand the numbers before you agree.

Signing consent to judgment or an emoluments attachment order. People sign these at a collector's office thinking it is a payment arrangement. It is a court process that follows you for years.

Treating debt review as a phone call you can cancel. Once the process starts, your credit record reflects it and exiting has formal requirements. Go in knowing that.

Assuming a paid debt disappears on its own. Listings must be updated, and often they are not unless you push.

The tools on this site that help here

When you need an attorney

Get one when you have been served with a summons and you have a defence worth running. Get one when a default judgment already exists and you want it rescinded, because there are grounds and time limits to satisfy. Get one when a creditor is applying to have your home declared executable, since that is a serious step and a court must consider your circumstances. Get one when you are considering sequestration, which is a High Court application with real consequences for your assets. Get one when an emoluments attachment order was granted in a distant court or without proper consent, because setting it aside is a formal application. Get one when the amount in dispute is large enough that the fee is small next to what you stand to lose.

For anything smaller, start with the free routes above. LawMatch is not a law firm. This page is general information about South African law, not legal advice about your situation.

All debt & credit guides

What is a consent to judgment?

It is a one-page form in which you agree to have judgment taken against you without a hearing, and usually agree to a salary deduction in the same breath. It is signed at kitchen tables and in car parks by people who believe they are agreeing to a payment plan. Most emoluments attachment orders begin with one.

8 min read · Updated 24 Oct 2026

How to remove a judgment from your credit record

Paying a judgment is supposed to remove it automatically: the credit provider must tell the bureaus within seven days. In practice that step is skipped constantly, and the paid-up letter you did not ask for is the only thing that fixes it.

7 min read · Updated 24 Oct 2026

What is Rule 46A and why does it matter?

A court cannot declare your home executable as an administrative step. It has to be asked, in a separate application, to decide whether selling the roof over your family is just and equitable, and it must normally set a reserve price. Almost nobody opposes, which is how houses get sold for a fraction of their worth.

7 min read · Updated 24 Oct 2026

What is an administration order under section 74?

It is the magistrates' court remedy for someone with small debts and no assets, and it works: creditors stop executing and one affordable payment covers everything. The difficulty is that the fees come off the top, interest keeps running, and people stay in it for a decade.

8 min read · Updated 24 Oct 2026

How to stop a sale in execution of your house

A home cannot be sold in execution unless a court has declared it specially executable, and the court must consider whether there is a less drastic way of recovering the debt. Since Rule 46A it must also usually set a reserve price, so the house cannot go for a fraction of its worth.

7 min read · Updated 24 Oct 2026

How to get a default judgment rescinded

A judgment taken against you while you knew nothing about it can be set aside. You have 20 days from learning of it, and the application has to explain two things: why you were not there, and what your defence is.

8 min read · Updated 24 Oct 2026

Can you be jailed for debt in South Africa?

No. Imprisoning someone for failing to pay a debt was declared unconstitutional in 1995 and the provisions that allowed it were struck down. What survives is quite different, and collectors rely on the confusion between the two.

8 min read · Updated 24 Oct 2026

What is reckless credit, and what happens if a court finds it?

If a lender granted you credit without properly assessing whether you could afford it, a court can suspend the agreement or set your obligations aside altogether. During a suspension you pay nothing and no interest or fees may be charged.

8 min read · Updated 24 Oct 2026

How to stop debt collectors harassing you

Debt collectors must be registered with the Council for Debt Collectors and follow its code of conduct. They may not threaten you, mislead you, phone at unreasonable hours or tell other people about your debt. Check registration, demand proof of the debt in writing, keep a log, and complain to the Council if the conduct continues.

9 min read · Updated 24 Oct 2026

What happens to my debt when I die?

Your debts do not die with you, but they do not pass to your children either. They are paid out of your estate by the executor before anyone inherits. Your heirs are not personally liable, with two exceptions: a spouse married in community of property shares joint debts, and anyone who signed surety for you remains bound.

9 min read · Updated 24 Oct 2026

What is a section 129 notice and what should I do about it?

A section 129 notice is the written warning a credit provider must send before it can sue you on a credit agreement. It tells you that you are in default and proposes that you take the matter to a debt counsellor, an ombud or another dispute resolver. You have a short window to act before summons can follow.

9 min read · Updated 24 Oct 2026

Can I buy a car or house while under debt review?

Not on credit. While you are under debt review the National Credit Act stops credit providers from granting you vehicle finance or a home loan, and the debt review flag on your record means the application is declined before anyone reads it. You need a clearance certificate first, or a court order ending the review.

9 min read · Updated 24 Oct 2026

How does debt review affect my credit score?

Debt review places a flag on your credit record at every registered bureau. While the flag is there you cannot take new credit, so your score is effectively parked. The flag comes off when your debt counsellor issues a clearance certificate, and only then can you start rebuilding.

8 min read · Updated 24 Oct 2026

How long does debt review take in South Africa?

Most people finish debt review in three to five years. Getting the court order usually takes about two months from the day you apply, and the process only ends when your debts are paid and your debt counsellor issues a clearance certificate.

9 min read · Updated 24 Oct 2026

What happens when a debt prescribes?

When a debt prescribes it becomes legally unenforceable, so nobody can sue you for it or collect it. But prescription is not automatic in practice: you have to raise it, because a court will not apply it for you.

9 min read · Updated 24 Oct 2026

Can a garnishee order be placed on my salary without my knowledge?

No. A deduction cannot lawfully be taken off your salary unless a court has authorised it and you have been given notice first. If money is disappearing from your payslip and you were never told, something has gone wrong and it can usually be challenged.

9 min read · Updated 24 Oct 2026

How to dispute a listing on your credit report

Disputing a credit listing is free. You lodge the dispute with the credit bureau, the bureau must investigate and ask the credit provider to prove the entry, and if it cannot be proved the listing must be removed.

9 min read · Updated 24 Oct 2026

Debt review vs sequestration: which is right for you?

Debt review restructures your debt so you pay it off over a longer period and keep your assets. Sequestration declares you insolvent, sells your assets and writes off the shortfall. Debt review suits a steady income; sequestration suits debt that can never realistically be repaid.

8 min read · Updated 24 Oct 2026