Prescribed debt – Debt collection laws in South Africa A debt usually prescribes after three years after the debt has been incurred and has subsequently not been acknowledged within three years. However, prescription may be interrupted under certain circumstances or upon certain acts. The prescription of debts in South Africa is regulated by the Prescription […]

When are you bound by a SURETYSHIP contained in a credit application form? This question was considered by the Supreme Court of Appeal in the case of Brink v Humphries & Jewell (Pty) Ltd 2005 (2) SA 419. The appellant raised the defence of Justus mistake maintaining that when he signed the credit application form […]