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Debt collectors are either attorneys, agents of an attorney or registered debt collectors who charge a fee to collect money on behalf of companies and individuals. Debt Collectors must be registered with the Debt Collectors Council and what they can or cannot do is provided in the Debt Collectors Act which you can find by clicking here. 

What Powers Do Debt Collectors Have?

When Debt Collectors call you or approach you to collect money on behalf of their clients, they are not allowed to do the following:

  1. Threaten or use force against you or your family.
  2. Give or threaten to give your potential employee information that might affect opportunities for you.
  3. Pretend to be a police officer or clerk of court or any other similar person.
  4. Serve you false legal documents .
  5. Spread or threaten to spread false information about you or your credit worthiness.
  6. Threaten to take you to court if they do not intend to do so.

However, Debt Collectors are allowed to contact you at your place of employment or contact your next of kin if you provided their contact details in a credit agreement.

What Should I keep In Mind?

When a Debt Collector contacts you, you need to take note of the following:

  1. Once you have acknowledged the debt, or paid any amount toward it, the debt collector does not have the legal right to continue contacting you and asking you about the debt.
  2. Unless it is a mortgage, TV license or other government debt, your debt “expires” or prescribes after 3 years, provided the person you owe money to did not contact you in that time or you did not acknowledge the debt. That is the reason why debt collectors try hard to make you sign an admission of debt or ask you questions such as ” If you had the money, would you pay the debt?” By replying “yes”, you acknowledge the debt.
  3. You are entitled to refuse to pay your debt until the debt collectors give you details in writing and provide supporting documents showing how the debt was calculated.
  4.  Debt collectors are not allowed to contact you between 6 am and 9 pm on any day or on a Sunday.

How Can I Best Protect Myself?

  1. The most important thing to do is to not sign documents you do not understand.
  2. Always confirm the debt and the amount.
  3. Always ask for the Debt Collectors’s full name and their company.
  4. If in doubt, find a lawyer to assist you.
  5. Report harassment or unprofessional conduct to either the SAPS or the Debt Collectors Council which you can find by clicking here.

Please leave any further questions or comments in the comments section down below.
We hope this has been as useful as it is simple.

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