DCCP5112 Debt Collection & Civil Procedure Study Guide

Comprehensive vocabulary flashcards covering South African debt recovery, civil procedure, court rules, statutory notice requirements, prescription, and suretyship for DCCP5112.

Prescription

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

Debt Due Date

The date when prescription generally begins to run, determined by when the creditor is legally entitled to claim performance, the type of debt, and applicable statutory rules.

Section 14 of the Prescription Act 68 of 1969

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

Section 15 of the Prescription Act 68 of 1969

The statutory provision providing that service on the debtor of process claiming payment may interrupt prescription, requiring the creditor generally to prosecute the claim successfully to final judgment.

Section 129 Notice

A statutory written notice required under the National Credit Act that brings a consumer's default to their attention and provides options to resolve a dispute or address the default before court enforcement.

Section 130 of the National Credit Act

The statutory provision establishing procedural prerequisites for approaching a court to enforce a credit agreement, including requirements for the period of default and the time elapsed after notice delivery.

Letter of Demand

A written request demanding that a debtor pay an identified debt, which clarifies the claim, encourages settlement, and creates a record of demand prior to issuing summons.

Contract of Suretyship

An agreement in which a surety agrees to be held liable for the obligation of another person, subject to the law and terms of the agreement.

Section 6 of the General Law Amendment Act 50 of 1956

The statutory provision setting the formal requirements that a suretyship must be in writing, signed by or on behalf of the surety, and have an identifiable obligation guaranteed with sufficient certainty.

Debt Collectors Act 114 of 1998

The statute that regulates debt collectors falling within its scope and governs lawful debt recovery conduct.

Council for Debt Collectors

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

Summons

A formal court document that initiates a civil action, notifying the defendant of a claim, relief sought, and the procedural period and instructions to defend.

Sheriff's Return of Service

A formal document executed by the sheriff recording how, when, where, and on whom court process was served, serving as crucial evidence of proper service.

Service at a Residence (Magistrates' Courts Rules)

A method of service performed by delivering a copy of the court process to a person apparently at least 16 years old and apparently residing or employed at the defendant's residence or place of business.

Notice of Intention to Defend

A formal procedural document delivered by a defendant within the period specified by the summons and court rules stating an intent to oppose the claim.

Default Judgment

A court order granted upon a plaintiff's prescribed request when a defendant fails to take a required procedural step within the period allowed by court rules.

Summary Judgment

A separate procedure available for qualifying claims where the plaintiff applies for judgment without a full trial on the basis that the defendant does not meet the legal threshold for a defence.

Rule 49 of the Magistrates' Courts Rules

The court rule governing the rescission or variation of judgments, under which an application is ordinarily brought within 20 days after obtaining knowledge of the default judgment.

Bona Fide Defence

A defence supported by specific facts rather than a bare denial, required to be set out in a supporting affidavit when seeking rescission of a default judgment.

Territorial Jurisdiction

The legal authority of a Magistrates' Court to hear a matter based on a recognised connection between the court and the defendant or the cause of action.

D-C-S-R-E

The memory hook for the debt-recovery journey: Demand, Check before suing, issue Summons, track the Response, and Enforce.

W-S-O

The memory hook for the formal requirements of a valid suretyship: Written, Signed, and Obligation identified.

S-R-P

The memory hook for service of summons: Sheriff, Rule followed, and Proof in the return.

D-A-S

The memory hook for prescription: Due date, Acknowledgement, and Summons/process served.