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).
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