7 C.F.R. § 3.23

CCC assignment of payment

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(a) No amounts payable to a debtor by CCC will be paid to an assignee of the debt until amounts owed by the debtor have been collected and applied to the debt.

(b) A payment that is assigned as specified in part 1404 of this title by execution of any CCC assignment form will be subject to offset for any debt owed to CCC, or any USDA agency, or any other Federal agency, any IRS notice of levy, or any judgment in favor of the United States, without regard to the date notice of assignment was accepted by CCC.

(c) Except as provided in 7 CFR 1404.6(b), any indebtedness owed by the assignor to CCC will be offset from any payment which is owed by CCC if such indebtedness was entered on the debt record of the applicable USDA office prior to the date of the filing Forms CCC-251 (Notice of Assignment) and CCC-252 (Instrument of Assignment).

Notes of Decisions

Cited in 3 cases, 1990–2000 · leading case: Old Repub. Ins. Co. & Int'l Bus. & Mercantile Reassurance Co. v. Fed. Crop Ins. Corp., 947 F.2d 269 (7th Cir. 1991).

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Old Repub. Ins. Co. & Int'l Bus. & Mercantile Reassurance Co. v. Fed. Crop Ins. Corp., 947 F.2d 269 (7th Cir. 1991). · cites it 5× “It asserts that the amounts due the FCIC are not “debts due the United States” as required in 7 C.F.R. § 3.23 (a) (1990) (the Department of Agriculture regulation implementing the DCA).”

Lewis v. Glickman, 104 F. Supp. 2d 1311 (D. Kan. 2000). · cites it 2× “129); See 7 C.F.R. § 3.23 (a) (1990). It is uncontested that on the date the agency used administrative offset, Lewis owed a debt to the FSA, an agency of the Department of Agriculture.”

Old Repub. Ins. Co. v. Fed. Crop Ins. Corp., 746 F. Supp. 767 (N.D. Ill. 1990). “In addition, the FCIC relies on 7 C.F.R. § 3.23 (a), issued under the authority of the Federal Claims Collection Act of 1966, as amended by the Debts Collection Act of 1982, which states that “whenever feasible, each agency must use .”

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