Quick answer
Build a separate deadline line for every invoice or contractual milestone. Record the date the amount became due, any required cure notice, later acknowledgement or part-payment, prior process and the current litigation status. The date on the invoice is not always the date prescription begins, and a fresh demand does not automatically reset an ageing claim.
How to use this guide
Place court dates above collection targets. If summons or another formal document has been served, read the exact court, form, service date and stated response period immediately. Negotiating with the debtor, sending an email or asking for more time does not file a notice to defend and does not suspend proceedings unless a valid agreement, withdrawal, stay or court order says so.
Calculate prescription from the debt becoming due
The Prescription Act contains different periods, including a residual three-year period that applies to many ordinary debts. Other debts can have longer periods. Determine when the creditor first had a complete cause of action and could demand performance, considering the contract and facts rather than using the invoice issue date or last payment as a universal shortcut.
Record express or tacit acknowledgements with their exact wording and date because section 14 can interrupt prescription. Qualifying service of process may interrupt under section 15, subject to the claim being pursued and the statutory conditions being met. A demand letter alone usually does not perform the same function. Courts do not raise prescription on a party's behalf, so both creditor and debtor advisers must identify the issue procedurally.
Keep contractual clocks separate
Some agreements require a notice and cure period before termination, acceleration or legal action. Others define a payment date, dispute window or escalation procedure. Copy each clause into the calendar beside the event that triggers it, and check whether delivery must occur at a chosen address or by a specified method.
Do not collapse a contractual cure period into a statutory demand rule. A Small Claims Court demand has its own function, while a National Credit Act section 129 process applies only where that Act and provision cover the agreement. An ordinary trade invoice between businesses does not become an NCA matter merely because payment is deferred.
Identify special notice periods early
Act 40 of 2002 can apply where a claim is against a qualifying organ of state and falls within the Act's defined “debt”, meaning a claim for payment of damages. It does not apply to every unpaid invoice merely because the customer is public-sector. For a covered debt, section 3 generally requires notice within six months after the debt became due, although condonation may be available under section 3(4). That question exists alongside prescription and should be identified early.
Small Claims Court also has a statutory demand period before institution, but a juristic person may not institute a claim there. Current monetary jurisdiction changes over time and should be verified instead of embedded in a deadline calendar without a dated source.
Treat served process as an immediate workstream
Court procedure varies between the magistrates' courts and High Court. Ordinary rules may state familiar response periods, yet the calculation can change with the court, form, service method, distance, dies, amendments and directives. Read the served document and current rule rather than relying on an article that says all summonses allow the same number of business days.
A late notice before default judgment may sometimes still be possible under the magistrates' court rules, potentially with costs, but that is not permission to wait. Default, rescission, plea and enforcement each have separate requirements. Send the complete served pack to a lawyer as soon as it arrives.
Deadline calendar fields
- Contract date, performance date, invoice issue date and proven due date
- Cure notice trigger, delivery method and expiry under the agreement
- Every payment, credit, acknowledgement and settlement communication
- Prescription period being considered and the facts supporting the start date
- Act 40 damages-claim or other special notice date where applicable
- Demand sent, received and response promised by the debtor
- Court, case number, service date and each procedural deadline
- Internal responsible person, action completed and proof of submission
Dangerous assumptions about time
- Treating all invoices as prescribed exactly three years after issue
- Believing another letter of demand always interrupts prescription
- Assuming negotiations pause a summons or contractual deadline
- Using the Small Claims demand period for every collection matter
- Waiting for a debtor's promised call while default proceedings continue
- Changing a date in the file instead of seeking advice on lateness or condonation
Questions for a deadline review
- On what evidence did each debt become legally due?
- Which statutory prescription period is relevant to this type of claim?
- Did any acknowledgement or served process have an interrupting effect?
- Is a contractual, Act 40 damages-claim or other special notice still required?
- What is the next court step under the current rule and served form?
- Which date is uncertain enough to require a conservative response now?
Important limitation
This is not a calculation of a specific prescription or court deadline. A contract, debt category, knowledge issue, delay, acknowledgement, service event or procedural rule may change the result. Use the earliest defensible date and obtain case-specific advice before a live period expires.
FAQs
Do all invoices prescribe after three years?
No. Three years is a common residual period, but the debt type, due date and statutory qualifications must be checked.
Does negotiation stop a summons deadline?
No. Only a valid procedural step, recorded extension, withdrawal, stay or court order can change the applicable position.
Is the invoice date always the prescription start?
No. The legal inquiry is when the debt became due on the contract and facts.
Should I wait if a late defence may still be allowed?
No. Possible late filing is not permission to delay and may have cost or default consequences.
Related Lexuno paths
Related articles
Source notes
- Prescription Act 68 of 1969
- Magistrates’ Courts Act 32 of 1944
- Rules Regulating the Conduct of the Proceedings of the Magistrates’ Courts of South Africa
- Uniform Rules of Court
- Rules Board Government Gazette Notices
- Superior Courts Act 10 of 2013
- Small Claims Courts Act 61 of 1984
- Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002
- National Credit Act 34 of 2005
Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.