Occupations Code § 1101.607

Sec. 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). Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.160(b), eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 64, eff. January 1, 2016.