1. Understand What “Prescribed Debt” Means
Prescribed debt is debt that has aged past a legally determined period, after which the creditor can no longer take legal action to enforce it.
✅ 2. Know the Prescription Period
This depends on your country. Here’s a general guide (confirm locally):
| Country | Typical Prescription Period |
|---|---|
| South Africa | 3 years (most debt) |
| United States | 3–6 years (varies by state) |
| United Kingdom | 6 years (most unsecured debt) |
| Australia | 6 years (most debt) |
| Canada | 2–6 years (varies by province) |
✅ 3. Check the Last Activity on the Debt
A debt usually prescribes after a certain period has passed since the last payment or acknowledgment (in writing or by phone). Ask yourself:
- When did I last make a payment?
- Did I ever acknowledge the debt in writing or over the phone?
- Did the creditor take legal action in the meantime?
✅ 4. Review Your Records
Look for:
- Bank statements
- SMS or email communications
- Debt collection letters
- Court documents
This can help prove the last date of contact or payment.
✅ 5. Check for Legal Action
If the creditor took legal action (like a court summons or judgment) before the prescription period ended, the debt may not be prescribed — or the prescription clock may have reset.
CLICK TO FOLLOW US ON TIKTOK
✅ 6. Do Not Acknowledge the Debt Prematurely
If you suspect your debt is prescribed, do not make a payment or acknowledge it (even verbally) before verifying — this can restart the prescription period.
✅ 7. Request a Prescription Letter
In many places (e.g., South Africa under the National Credit Act), you can send a formal letter requesting confirmation that the debt is prescribed. If the debt is indeed prescribed, the collector cannot legally enforce it.
📌 Sample Wording for a Letter
“Dear [Creditor],
I request written confirmation as to whether the alleged debt referenced [account number] has prescribed in terms of applicable laws. I do not acknowledge any liability for this debt.
Regards,
[Your Name]”
