Chilean Comptroller General Dorothy Pérez ruled that the National Treasury possesses the legal authority to pursue outstanding debts from the State-Guaranteed Loan (CAE) program via administrative channels.
The decision, issued in a ruling dated April 7, validates the government's recent efforts to recover student loan arrears using the procedures established by the Tax Code.
Pérez’s ruling follows a formal request for a legal opinion by former deputy Miguel Mellado. Mellado had sought clarification on the State's obligation to collect CAE credits where the state guarantee has already been executed.
Audit planning under review
In the ruling, Pérez specified that the Treasury is the primary body responsible for the collection of these specific credits under Law No. 20,027.
“The Treasury is the entity in charge of their collection, without prejudice to the fact that for this purpose it may enter into mandates or administration agreements with the respective financial entities,” the Comptroller stated.
The ruling settles a legal dispute regarding whether the Treasury must use standard civil court litigation or if it can utilize administrative procedures under the Tax Code. Pérez confirmed the Treasury is “the organ obliged by the legal order to exercise the corresponding collection actions.”
Beyond the legal validation, Pérez indicated that the Comptroller's Office will evaluate the collection process for future oversight. She noted that the request would serve as an “input in the planning process of the audits regularly carried out by this control entity.”
The ruling provides legal backing for the government's current strategy to pressure debtors. Recent administration actions have targeted high-income earners with monthly revenues exceeding five million pesos, while notifying other debtors of potential seizures to force payment agreements.