§ 33-28-203 — Limitation on action for payment from account; notice of action; order of payment; showing required

(a) No order for payment from the real estate recovery
account shall be issued unless the suit in which the order
subsequently results was commenced within one (1) year after the
cause of action accrued. If any person commences an action for a
judgment which may result in an order for payment from the
account, the person shall notify the commission in writing of
the commencement of the action. The commission, under W.S.
33-28-111, shall investigate the complaint and may hold a
suspension or revocation hearing.
(b) If any person files a petition for an order directing
payment from the real estate recovery account, the court may
order payment out of the real estate recovery account under
subsection (c) of this section if it finds:
(i) The petitioner is not a spouse of the judgment
debtor or a person representing the spouse;
(ii) The petitioner has obtained a judgment of the
kind described in W.S. 33-28-202(a); and
(iii) The judgment debtor has insufficient property
upon which execution may be levied to satisfy the judgment or
that a writ of execution has been returned unsatisfied.
(c) Upon receipt of an order by the court directing that
payment be made out of the real estate recovery account, the
state auditor shall draw a warrant for the payment of the amount
directed upon a voucher approved by the commission and the state
treasurer shall pay the amount directed out of the real estate
recovery account.