Section 1101.607 - Issues At Hearing At the hearing on the application for payment from the trust account, the aggrieved person must show:
(1) that the judgment is based on facts allowing recovery under this subchapter;(2) that the person is not: (A) the spouse of the judgment debtor or the personal representative of the spouse;(B) a license or certificate holder who is seeking to recover compensation, including a commission, in the real estate transaction that is the subject of the application for payment; or(C) related to the judgment debtor within the first degree by consanguinity;(3) that, according to the best information available, the judgment debtor does not have sufficient attachable assets in this or another state to satisfy the judgment;(4) the amount that may be realized from the sale of assets liable to be sold or applied to satisfy the judgment; and(5) the balance remaining due on the judgment after application of the amount under Subdivision (4).Tex. Occ. Code § 1101.607
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1158,Sec. 64, eff. 1/1/2016.Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.160(b), eff. 9/1/2003.Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. 6/1/2003.