---
kind: "section"
citation: "12 C.F.R. § 313.23"
title: "12"
number: "313.23"
heading: "Offset prior to completion of procedures."
url: "https://uscodex.org/cfr/12/313.23"
---

# §313.23. Offset prior to completion of procedures.


The FDIC may collect a debt by administrative offset prior to the completion of the procedures described in [§ 313.25](/cfr/12/313.25.md), if:

- (a) Failure to offset a payment would substantially prejudice the FDIC's ability to collect the debt; and
- (b) The time before the payment is to be made does not reasonably permit completion of the procedures described in [§ 313.25](/cfr/12/313.25.md). Such prior offsetting shall be followed promptly by the completion of the procedures described in [§ 313.25](/cfr/12/313.25.md).

## Notes

### Authority

Authority: 5 U.S.C. 5514; 12 U.S.C. 1818(i), 1819(a); Pub. L. 104-134, 110 Stat. 1321 (31 U.S.C. 3701, 3711, 3716).

### Source

Source: 67 FR 48527, July 25, 2002, unless otherwise noted.