22/05/2026
PRESCRIPTION
Most people think “prescription” only becomes a problem when you forget to collect medicine from the pharmacy. In law, it can mean permanently losing your right to claim money that is owed to you.
If you have a debt, or someone owes you money, you have 3 calendar years, from the first date that the debt is due, to sue. If you fail to sue within the 3 year period, you permanently lose the opportunity to ever recover the debt.
To name two easy examples:
1. You are in a vehicle collision on 21 May 2026. You take your car to the mechanic for a quotation on the repairs and receive it. You then have until 20 May 2029 to sue the other driver;
2. You render services or deliver goods to a consumer. You send out your invoice/deliver the goods on 02 January 2024. You have until 1 January 2027 to sue the consumer.
There are however, exceptions to this standard rule.
The exceptions are:
- If a partial payment is made, the time period starts from when the partial payment was received.
- If the consumer acknowledges that it owes the money. The time period then starts from the date that this acknowledgement of debt is made.
- When you “become aware that the debt is due”. This is a “gray” area and will depend on the individual circumstances of each case.
To see if you fall within an exception, or to prevent a claim from prescribing, arrange a consultation with DJH Attorneys for advice.
