The Talca Court of Appeals has halted an asset seizure procedure initiated by the Treasury General of the Republic against a debtor linked to the State-Guaranteed Loan (CAE) program.
The court accepted a "recurso de protección," a legal mechanism used to defend constitutional rights, and issued an "orden de no innovar." This judicial order prevents the Treasury from proceeding with the embargo while the court evaluates the legality of the collection attempt.
The legal action was filed by a resident of Curicó, who characterizes the Treasury's decision to impose an embargo as an "illegal and arbitrary measure." The petitioner argues that the state's enforcement action ignores his current financial reality.
Financial Hardship and Legal Claims
The court documents detail the petitioner's economic situation. The debtor reports a monthly net income of $1,600,000 pesos.
According to the filing, more than 50% of this income is already committed to fixed monthly obligations. These include alimony payments and mortgage installments for his primary residence.
The petitioner also maintains two children as legal dependents, further straining his available resources.
The lawsuit argues that the seizure of assets is a disproportionate response to the debt. The petitioner claims the measure directly threatens the economic stability and the basic subsistence of his family group.
Beyond the financial impact, the legal challenge invokes several violations of constitutional protections. The petitioner alleges the Treasury's actions infringe upon the right to equality before the law and the right to property.
The appeal also cites a violation of the right to a rational and fair procedure. This claim suggests that the administrative process used by the Treasury failed to provide the necessary legal safeguards for the debtor.
The CAE program, a state-backed student loan system, has faced long-standing scrutiny regarding the methods used by the state to recover unpaid balances.
The Talca Court has ordered the Treasury General of the Republic to submit a detailed report within eight days. The Treasury must provide all relevant records and documentation concerning the debt collection process and the specific justifications for the embargo.
