Debt Collector Harassment: Your Rights in South Africa
What debt collectors may and may not do, how to recognise harassment, what to do about prescribed debt and where to complain.
Owing money does not take away your rights. Debt collectors may contact you to collect a valid debt, but they must follow the law and a code of conduct. Threats, insults and constant calls are not part of a lawful collection process.
Who regulates debt collectors?
Debt collectors must be registered with the Council for Debt Collectors under the Debt Collectors Act. You can ask any collector for their full name, company and registration number. A legitimate collector will give it to you.
What a debt collector may not do
- Threaten you with arrest, jail or violence.
- Use abusive, insulting or humiliating language.
- Tell your employer, neighbours or family about your debt to shame you.
- Call at unreasonable times or harass you with repeated calls.
- Pretend to be an attorney, sheriff or police official.
- Claim they will take your belongings without a court order.
- Add fees or charges that are not allowed or not explained.
Prescribed debt
Many ordinary debts prescribe after three years if you have not paid, acknowledged the debt or received a summons in that time. Under the National Credit Act, credit providers and collectors may not try to collect prescribed debt. Be careful: making a small payment or signing an acknowledgement can complicate this. Read our guide on prescribed debt before you agree to anything.
What to do if you are being harassed
- Ask for the collector's name, company, registration number and the creditor they act for.
- Ask for a written statement of the debt: capital, interest, fees and payments made.
- Keep a log of dates, times, numbers and what was said. Save messages and voice notes.
- Communicate in writing where possible.
- Never share banking passwords or one-time PINs.
- Complain to the Council for Debt Collectors with your evidence.
If the debt is real but unaffordable
Harassment is unlawful, but the underlying debt may still be valid. If several creditors are chasing you and you cannot keep up, debt counselling may allow a registered debt counsellor to restructure eligible debts into one affordable monthly payment. Once you are formally under debt review, creditors are notified and must deal with the process. See how debt counselling works.
Frequently asked questions
Can a debt collector call my work?
They may contact you, but they may not disclose your debt to your employer or colleagues to embarrass or pressure you.
Can I be arrested for not paying debt?
No. Not paying a civil debt is not a crime in South Africa. Threatening arrest is improper.
Can a debt collector come to my house and take things?
No. Only a sheriff with a valid court order can attach property.
How do I check if a debt collector is registered?
Ask for their registration number and confirm it with the Council for Debt Collectors.
Consolidation Relief works with registered professionals. This article is general information, not legal or financial advice. If collectors are calling because repayments no longer fit your income, start a free assessment to see which route may suit you.