DCCP5112: Debt Collection & Civil Procedure Study Guide

Vocabulary flashcards covering key civil procedure concepts, statutory provisions, and debt collection terminology from the DCCP5112 study guide.

Prescription

The legal process by which a debt may become unenforceable or extinguished after the period fixed by law has run, subject to the Prescription Act and exceptions.

Section 14 of the Prescription Act 68 of 1969

The statutory provision providing that an express or tacit acknowledgement of liability interrupts prescription, causing time to generally run afresh from the interruption date.

Section 15 of the Prescription Act 68 of 1969

The statutory provision under which service on the debtor of process claiming payment interrupts prescription, provided the creditor successfully prosecutes the claim to final judgment.

Letter of demand

A written request asking a debtor to pay an identified debt; it clarifies the claim, encourages settlement, and records the demand, but does not constitute a court judgment.

Section 129 notice

A statutory pre-enforcement notice under the National Credit Act that draws a consumer's default to their attention and provides options to resolve dispute before court enforcement.

Section 130 of the National Credit Act

The statutory provision setting conditions for approaching court to enforce a credit agreement, including requirements concerning the period of default and elapsed time post-notice.

Suretyship

A contract wherein a surety agrees to be liable for another person's obligation, subject to the terms of the agreement and the law.

Section 6 of the General Law Amendment Act 50 of 1956

The statutory provision requiring a suretyship to be embodied in a written document signed by or on behalf of the surety, with an identifiable guaranteed obligation.

Council for Debt Collectors

The regulatory body exercising statutory registration and oversight functions over debt collectors governed by the Debt Collectors Act 114 of 1998.

Summons

A formal court document that initiates a civil action, notifying the defendant of a claim against them and specifying the required response period and procedure.

Sheriff's return of service

An official court document prepared by the sheriff that records how, when, where, and on whom court process was served, serving as evidence of service.

Notice of intention to defend

A formal procedural response delivered by a defendant to indicate that they intend to contest the plaintiff's claim within the prescribed rule deadline.

Default judgment

A judgment requested by a plaintiff and granted by the court when a defendant fails to take a required procedural step within the period allowed by the rules.

Summary judgment

A distinct court procedure for qualifying claims where the plaintiff seeks judgment without a full trial on the basis that the defendant's defence fails to meet the legal threshold.

Rule 49 of the Magistrates’ Courts Rules

The court rule regulating the rescission or variation of judgments, under which an application is ordinarily made within 20 days after gaining knowledge of the judgment.

Rescission

The legal procedure to set aside or vary a court order or default judgment upon showing prompt action, explanation of default, and a bona fide defence.

Territorial jurisdiction

The authority of a court to hear a matter based on a legally recognised connection between the forum and the defendant or the cause of action.