Sangeet Rooplall Debt Counselling
Hello February βΊοΈ
04/01/2024
Scenario:
You receive a call from a collections company saying that you have an overdue account from some years ago and they would like to offer you a discounted settlement... what do you do?
Most people would panic, stress, apologize for not paying and offer to make payment arrangements or to settle the account...
Most people don't know that there is a possibility that this account may be Prescribed and therefore not payable anymore.
Before you acknowledge any old debt, consider the following:
- Is this account over 3 years old?
- Have you received any statements/ request for payments in the last 3 years?
- Have you made any payment arrangements on this account in the last 3 years?
- Have you received a summons (court document that starts legal proceedings)?
- Is there any judgement on this account?
If you answer Yes to the 1st question and No to the rest then this account is most probably Prescribed according the the Prescription Act of 1969 and you are no longer liable for payment.
BUT if you have acknowledged the debt at anytime during the last 3 years then the prescription period is interrupted and the account is then active again.
An easy to understand summary of the Prescription Act is available on the Legalwise website
https://www.legalwise.co.za/help-yourself/quicklaw-guides/prescription
Hope the above is helpful
Debt Prescription Act | Law in South Africa | LegalWise Get an overview of the most important information about prescription and debt law via our QuickLaw guides. For legal cover, join LegalWise!
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