Your Rights When Debt Collectors Call in South Africa (2026)

Debt collection as a business is a regulated activity in South Africa, and the Debt Collectors Act sets out both who may do it and what they are allowed to do while chasing you for money.

Information last verified on 23 July 2026. This page provides general legal information about South African law on debt collectors' rights and duties, not legal advice on your individual situation.

Who is allowed to collect debt from you

Section 8(1) of the Debt Collectors Act 114 of 1998 provides that, from a date fixed by the Minister, "no person, excluding an attorney or an employee of an attorney, shall act as a debt collector unless he or she is registered as a debt collector" with the Council for Debt Collectors, the statutory body established under section 2(1) of the Act. That means a business collecting debt as its trade must be registered, and its registration status is a fact you can check directly with the Council.

What a debt collector is not allowed to do (s15)

Section 15(1) lists conduct that amounts to improper conduct for which a debt collector may be found guilty by the Council. In summary, a debt collector may not:

• use force, or threaten to use force, against a debtor or anyone with family ties to the debtor;
• act in an excessive or intimidating manner;
• use fraudulent or misleading representations, including simulating legal procedures, using simulated official or legal documents, representing themselves as a police officer, sheriff, officer of the court or similar person, or making unjustified threats to enforce rights;
• have been convicted of an offence involving violence, dishonesty, extortion or intimidation;
• spread, or threaten to spread, false information about a debtor's creditworthiness;
• fail to comply with the debt collectors' code of conduct or any provision of the Act; or
• otherwise behave in a way declared improper by regulation.

On conviction of improper conduct, section 15(3) allows the Council to withdraw or suspend the collector's registration, impose a fine, issue a reprimand, recover its investigation costs, or order the collector to reimburse a person who was prejudiced.

What a debt collector can charge you (s19)

Section 19(1) is a fee cap, not a fee schedule: a debt collector "shall not recover from a debtor any amount other than" the capital amount actually due, the interest legally due and payable on it, and necessary expenses and fees the Minister has prescribed after consulting the Council. Separately, section 19(4) gives you a specific right: on request, and against payment of a prescribed fee, a debt collector must deliver a settlement account setting out every debit and credit on the collection, and you may request that settlement account free of charge once every 6 months. Section 19(2) also allows a clerk of a Magistrate's Court, or a costs committee of a provincial law society, to assess or tax a debt collector's account on a debtor's request.

How to complain about a debt collector

Section 15(2) gives the Council for Debt Collectors the power to investigate an allegation of improper conduct submitted to it in the prescribed manner, whether investigated by the Council itself, a committee of its members, or someone it nominates, and the collector under investigation must be given a chance to answer the allegations. The Council's website, cfdc.org.za, is the correct place to start a complaint; this page has not independently confirmed the exact complaint-submission page on that site, so check the Council's site directly for its current complaints process and forms.

Attorneys are regulated differently

Attorneys, and their employees, are expressly excluded from the Debt Collectors Act's registration requirement (s8(1)). An attorney collecting debt on a client's behalf therefore falls outside this Act and instead answers to the separate framework that regulates the legal profession, rather than to the Council for Debt Collectors.

No "Debt Collectors Amendment Act" exists

If you come across a reference to a standalone "Debt Collectors Amendment Act", treat it with caution: no such Act exists. The 1998 Act has only ever been amended through general Judicial Matters Amendment Acts, most recently one that took effect on 3 April 2024. The governing law remains the original 1998 Act as amended by those omnibus Acts, not a dedicated amendment statute.

If the problem is the debt itself, not the collector's conduct

If you believe the debt being collected is simply too old to be legally collectable, see Prescription of Debt. If a collector is threatening a court process you do not understand, such as an attachment of your salary or bank account, see Garnishee and Emoluments Attachment Orders.

Related reading

• Prescription of Debt
• Debt Review in South Africa
• Debt and Consumer Law in South Africa
• South Africa Laws

This guide is general legal information, not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa on 0800 110 110 if you cannot afford one.

Frequently Asked Questions

Do all debt collectors in South Africa have to be registered?

Yes, with one exemption. Anyone acting as a debt collector for a living must be registered with the Council for Debt Collectors under the Debt Collectors Act, except an attorney or an employee of an attorney, who is expressly exempt from that registration requirement.

What is a registered debt collector not allowed to do?

Under section 15 of the Debt Collectors Act, a debt collector may not use or threaten force, act in an excessive or intimidating way, or make fraudulent or misleading representations, such as posing as a police officer or sheriff, or using simulated legal documents.

Can a debt collector charge me any fee they like?

No. A debt collector may recover only the capital amount actually due, interest legally due on it, and expenses and fees the Minister has prescribed, nothing else. You can also request a free, itemised settlement account once every 6 months.

How do I lodge a complaint against a debt collector?

Complaints about a registered debt collector's conduct go to the Council for Debt Collectors, which can investigate and, if warranted, discipline the collector, including suspending or withdrawing their registration. Start with the Council's own website, cfdc.org.za, for its current complaints process.

Are attorneys who collect debt regulated the same way as ordinary debt collectors?

No. Attorneys and their employees are expressly excluded from the Debt Collectors Act's registration requirement and instead fall under the separate framework that regulates the legal profession.