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Guide for South African lenders · Updated

Debt collection fees in South Africa: what a collector may charge in 2026

The short answer

From 6 March 2026 a registered debt collector may recover from a debtor R25 for each necessary letter, email or phone call, R3.50 per SMS (up to ten a month), R60 per consultation and 10% of each instalment up to R610. Items 1 to 7 of the tariff together are capped at the capital or R1,225, whichever is lower.

Law
Debt Collectors Act 114 of 1998, section 19; Regulations relating to Debt Collectors, 2003, regulation 11 and Annexure B
Current tariff
Government Notice R.7207, Government Gazette 54273, in force from 6 March 2026
Letter, email or call
R25 each; SMS R3.50 each, maximum ten a month
Cap on items 1 to 7
The capital amount or R1,225, whichever is lower (was R1,023)
Fee per instalment
10% of the instalment, maximum R610 (was R509)
NCA credit
Section 103(5): charges accruing during default capped at the unpaid principal at the date of default

The tariff from 6 March 2026

Section 19(1) of the Debt Collectors Act 114 of 1998 lets a registered debt collector recover only three things from a debtor: the capital, interest legally due on it, and the expenses and fees the Minister prescribes. Those fees are in Annexure B to the Regulations relating to Debt Collectors, 2003. The current Annexure B was substituted by Government Notice R.7207 in Government Gazette 54273 of 6 March 2026 and applies from that date. It replaced the tariff of 22 May 2020 (Government Notice R.580), which many websites and AI answers still quote.

ItemWhat it coversFrom 6 March 20262020 tariff
1(a)Necessary letter, registered letter, fax or emailR25, plus the registration fee for a registered letterR21
1(b)Registered letter under section 57 of the Magistrates' Courts ActCourt tariff item 8: R63 (district court claim) or R83 (regional court), since 28 November 2025Court tariff
1(c)SMS or other electronic message, not fax or emailR3.50 each, maximum ten a monthR3.00
2Necessary phone call that is not a consultationR25 per callR21
3Other necessary expenses not listed elsewhereR25 in totalR21
4(a)Acknowledgement of debt and undertaking to pay under section 57 or 58 of the Magistrates' Courts Act, including the consultationCourt tariff items 9 and 10: R161 (district) or R209 (regional), since 28 November 2025Court tariff
4(b)Those documents signed at the debtor's home or workR250R210
4(c)Search at a registered credit bureauR16 each, maximum four a monthR14
5Extra settlement account at the debtor's requestR50R41
6Correspondence received and attended toR13R11
7Necessary consultation with the debtorR60R52
8Attending taxationR98R82
9Receipt of an instalment, including one paid directly to the creditor10% of the instalment, maximum R610; no other fee for receiving it10%, maximum R509

Cap: items 1 to 7 together may not exceed the capital amount of the debt or R1,225, whichever is lower (regulation 11, amended on 6 March 2026; it was R1,023). Items 8 and 9 fall outside the cap. The amounts exclude VAT, which a VAT-registered collector may add (regulation 14).

Attorneys and their employees are outside this tariff. They recover under the Magistrates' Courts tariff instead, for example R59 for a registered letter of demand under section 56 of that Act on a district court claim (Government Notice R.6752, from 28 November 2025).

How the cap works on a real account

A customer owes R900 in capital. The collector sends four letters (R100) and ten SMSs (R35), makes six calls (R150), holds one consultation (R60) and runs two bureau searches (R32): R377 under items 1 to 7, inside the cap. Had the capital been R300, those items would stop at R300. On a R20,000 debt they stop at R1,225 however much work is done.

Item 9 is counted separately: R100 on a R1,000 instalment, and no more than R610 on a R9,000 settlement payment. Never on the debtor's account: the agency's commission, tracing or admin fees beyond items 3 and 4(c), and any fee on a prescribed debt.

A debtor can have the collector's account taxed (formally checked) by the clerk of the magistrate's court for R20 (section 19(2), regulation 12) and gets one free settlement account every six months (section 19(4)). Recovering more than the tariff is an offence (regulation 13) and improper conduct, punishable by a fine, suspension or withdrawal of registration (section 15(3)).

Extra limits on credit agreements under the National Credit Act

For loans under the National Credit Act 34 of 2005 (NCA), section 101(1)(g) allows collection costs only up to the prescribed maximum and only as permitted by the debt enforcement rules in Part C of Chapter 6. Regulation 47 of the National Credit Regulations, 2006 limits them to the costs the credit provider actually incurred, under whichever tariff applies (Debt Collectors Act or court rules). Regulation 46 caps the default administration charge for each letter sent under Part C, such as a section 129 notice, at the court tariff for a registered letter of demand (R59 on a district court claim) plus reasonable delivery costs.

The in duplum rule in section 103(5) then caps the total. Initiation and service fees, interest, credit insurance, default administration charges and collection costs that accrue while the consumer is in default may not, together, exceed the unpaid principal at the date of default. If a R6,000 loan goes into default with R4,000 of principal unpaid, everything on that list that accrues afterwards stops at R4,000. The Supreme Court of Appeal held in Nedbank v National Credit Regulator [2011] ZASCA 35 that once the cap is reached no further charges accrue, whether or not the consumer has paid some of them.

Legal costs are different. In December 2019 the Western Cape High Court ruled that all legal fees are collection costs inside the cap. The Supreme Court of Appeal overturned that on 4 November 2021 in Bayport Securitisation v University of Stellenbosch Law Clinic [2021] ZASCA 156: collection costs are pre-litigation fees, legal costs begin with the summons and are awarded by the court, and section 103(5) does not apply after judgment. The Constitutional Court refused leave to appeal on 11 February 2022 (CCT 368/21). Legal costs must still be reasonable, and agreed or taxed, before they are charged (National Credit Regulator Circular 6 of 2023).

Prescription ends the fee question entirely. An ordinary debt prescribes after three years (Prescription Act 68 of 1969, section 11(d)) and is extinguished together with its interest and fees (section 10). Section 126B of the NCA bars selling a prescribed credit debt, and bars continuing to collect it once the consumer raises prescription or would reasonably have raised it. Track each account's due date and get a written acknowledgement of debt before three years pass: it restarts the clock (section 14).

What collection agencies charge the lender

The tariff controls what the debtor pays. What you pay the agency is a separate contract, and section 19(1) stops the agency adding its commission to the customer's account, so it comes out of what is recovered. Most agencies work on contingency, often sold as no collection, no fee: they earn a percentage of money actually collected.

Published rates rise with the age of the debt and with legal work. Kredcor states its pre-legal business-to-business rate typically sits between 10% and 15%. Collect A Debt states its commission typically ranges from 20% to 30%, including legal action in the courts it covers. Planar charges 8% on fresh arrears, 15% at one to three months and 25% on older debt. Before signing a mandate, check:

  • whether commission is due on payments customers make directly to you after handover;
  • fees for withdrawing accounts, and any minimum fee;
  • whether tracing, legal and sheriff costs are extra;
  • how fast money leaves the agency's trust account: section 20 requires a separate trust account and a monthly statement to you.

Check registration before you hand over accounts

Since 11 August 2003, section 8(1) has barred anyone except an attorney or an attorney's employee from acting as a debt collector unless registered with the Council for Debt Collectors. For a company, every director and every officer involved in collecting must also be registered. The Act covers anyone who collects another person's debts for reward, anyone who takes over debts in the regular course of business to collect them for itself, and agents of attorneys. A lender collecting its own book is not a debt collector under the Act. Acting unregistered is an offence carrying a fine or up to three years' imprisonment (section 25), and a mandate that conflicts with section 8(1) is invalid to that extent (section 8(3)).

  1. Search the Active Register on cfdc.org.za by registration number, company name, surname or postal code, for the company and the people who run collections.
  2. Ask for the certificate of registration: the Council says collectors must show proof on request.
  3. If you cannot find them, call the Council on 012 804 9808 or email info@cfdc.org.za.

Contact rules a collector must follow

The Code of Conduct for Debt Collectors (Government Notice R.663 of 16 May 2003, made under section 14) binds every registered collector, and breaking it is improper conduct under section 15. The main rules:

  • No calls or visits demanding payment on a Sunday, or between 21:00 and 06:00 on any other day, unless the debtor or spouse asks for it (paragraph 5(3)(j)).
  • No contact that amounts to excessive harassment of the debtor, spouse or family (paragraphs 5(3)(i) and (k)).
  • Every demand names the creditor, the balance, who is demanding and the basis of the claim (paragraph 5(3)(s)).
  • No contact with the employer before final judgment to apply pressure, only to verify employment or earnings (paragraph 5(3)(m)).
  • No contact with friends, relatives or neighbours unless they are sureties, or to get the debtor's address or number (paragraph 5(3)(n)).
  • No empty threats of legal action, no letters that look like court process, no posing as police or a sheriff (paragraphs 5(3)(b) and (c); section 15(1)(c)).
  • No force, threats or abusive language (section 15(1)(a) and (b); paragraphs 5(3)(d) and (e)).
  • Once the debtor's lawyer asks in writing, deal only with the lawyer (paragraph 5(3)(f)).

Saturdays and public holidays are allowed within those hours. The Code is the minimum: you can set tighter hours in your mandate.

Questions people ask

How much can a debt collector charge for an SMS?

R3.50 per SMS or similar electronic message, for a maximum of ten a month, from 6 March 2026 (item 1(c) of Annexure B). Before that it was R3.00.

What powers do debt collectors have?

A registered collector may contact the debtor, demand payment, negotiate a plan, have an acknowledgement of debt signed and charge the Annexure B fees. It cannot attach property or deduct from a salary: only a court order, carried out by the sheriff or the employer, can do that.

How do I check if a debt collector is registered?

Search the Active Register on cfdc.org.za by registration number, company name, surname or postal code, and ask the collector for its certificate of registration. The Council confirms details on 012 804 9808 or info@cfdc.org.za.

How do I lodge a complaint against a debt collector?

The complaint must be a written affidavit giving the date, time and details of the incident, the collector's name and any witnesses, with supporting documents (regulation 7(2)). Submit it through the complaints page on cfdc.org.za or to info@cfdc.org.za; the Council must bring it to the collector's attention within 14 days.

Can a debt from 20 years ago be collected?

Only if it has not prescribed. A judgment debt or a debt secured by a mortgage bond prescribes after 30 years, so it can still be collected. An ordinary debt prescribes after three years unless an acknowledgement of liability or a served summons interrupted the period (Prescription Act, sections 11, 14 and 15).

What not to say to debt collectors?

Debtors are usually advised not to acknowledge a debt they believe has prescribed, because an acknowledgement restarts the three-year period, and the Council itself advises against giving ID or bank details over the phone. For a lender, this is the reason to get a written acknowledgement early, while the debt is still enforceable.

Can a collector add its commission to what the debtor owes?

No. Section 19(1) of the Debt Collectors Act limits what a collector may recover from the debtor to the capital, lawful interest and the prescribed fees. Commission is paid by the creditor out of what is recovered.

Sources

  1. Government Notice R.7207, Government Gazette 54273, 6 March 2026: amended regulation 11 and new Annexure B (gov.za)
  2. Government Notice R.7207 as published by the Council for Debt Collectors (cfdc.org.za)
  3. Government Notice R.580, Government Gazette 43343, 22 May 2020: previous tariff (gov.za)
  4. Debt Collectors Act 114 of 1998 (lawlibrary.org.za)
  5. Regulations relating to Debt Collectors, 2003 (cfdc.org.za)
  6. Code of Conduct for Debt Collectors, Government Notice R.663 of 16 May 2003 (cfdc.org.za)
  7. Council for Debt Collectors: Active Register
  8. Council for Debt Collectors: frequently asked questions
  9. Council for Debt Collectors: lodge a complaint
  10. Magistrates' Courts rules, Government Notice R.6752, Government Gazette 53572: tariffs from 28 November 2025 (justice.gov.za)
  11. National Credit Act 34 of 2005 (lawlibrary.org.za)
  12. National Credit Regulations, 2006, Government Gazette 28864, regulations 46 and 47 (gov.za)
  13. Nedbank Ltd v National Credit Regulator [2011] ZASCA 35 (saflii.org)
  14. Bayport Securitisation Ltd v University of Stellenbosch Law Clinic [2021] ZASCA 156 (saflii.org)
  15. Law Society of South Africa: Constitutional Court refuses leave to appeal, CCT 368/21
  16. National Credit Regulator Circular 6 of 2023 (ncr.org.za)
  17. Prescription Act 68 of 1969 (lawlibrary.org.za)
  18. Kredcor: published commission rates
  19. Collect A Debt: published commission rates

This guide explains the law in general terms. It is not legal advice for a particular case.