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Debt & Credit
Debt problems can feel overwhelming, but the National Credit Act gives you protection and a way out. This guide explains debt review, what debt collectors may and may not do, garnishee orders and when an old debt can no longer be collected.
Updated October 2026 · General information, not legal advice
In this guide
The key laws
- National Credit Act 34 of 2005
- Debt Collectors Act 114 of 1998
- Prescription Act 68 of 1969
- Magistrates' Courts Act 32 of 1944
What you'll need
Gather these before you take action or speak to a lawyer:
- A list of everything you owe, with account numbers
- Your latest statements and credit agreements
- Your payslips and a monthly budget
- Your credit report
- Letters or messages from debt collectors
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Common questions
What is debt review?
Debt review is a process under the National Credit Act for people who are over-indebted. A registered debt counsellor assesses your finances and negotiates lower repayments, which a court or tribunal then confirms.
Can debt collectors phone me at any time?
No. Debt collectors must be registered with the Council for Debt Collectors and may not harass, threaten or humiliate you, or contact your employer or family to shame you into paying.
What is a garnishee order?
An emoluments attachment order lets a creditor deduct money from your salary. It must be authorised by a court, and the court must be satisfied that you can still afford your basic living costs.
When does a debt prescribe?
Most ordinary debts prescribe after three years if the creditor has not taken legal action and you have not acknowledged the debt. A credit provider may not collect a prescribed debt.
How do I get my credit report?
You are entitled to a free credit report from each credit bureau once every 12 months. Check it for mistakes and dispute anything that is wrong.
When to see a lawyer
Speak to a lawyer if you have been summonsed, if a garnishee order seems unlawful, or if you believe a loan was granted recklessly.
This guide is general information about South African law and is not legal advice. Laws and amounts change; check the latest position or speak to a qualified lawyer about your situation. Read our disclaimer.
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