News Stories
Court of Appeals of Indiana rules in favor of cash bail by credit card program
10/12/2006
Indianapolis-Based Company Resumes Business in the State of Indiana.
INDIANAPOLIS (October 12, 2006) - On October 11, 2006, the Court of Appeals of Indiana reversed a Trial Court judgment and permanent injunction against Government Payment Service, Inc. (GPS) an Indiana company that contracts with government agencies to process credit card transactions for them. In March of 2003, bail bondsmen filed a complaint for Temporary Restraining Order, Preliminary and Permanent Injunction and Damages claiming that GPS interfered with their business by issuing bail bonds in violation of Indiana Code. In December of 2004 a bench trial was conducted, and in July of 2005 the trial court entered a judgment against GPS permanently stopping GPS from processing credit card transactions for cash bail in the State of Indiana. GPS immediately complied and appealed the decision.
On October 11, 2006 the Court of Appeals of Indiana reversed the trial court’s judgment. As stated in the ruling, "There is also no evidence that GPS intentionally interfered, or could interfere, with the relationship which Bail Agents claim to have had with the governmental entities. It was the governmental entities, not GPS, who adopted the cash bail program. It was the governmental entities, not GPS who restricted the access of the Bail Agents to the jails and the incarcerated defendants. Nothing in the Contracts here at issue restricts, limits, or interferes with the rights or business activities of Bail Agents in any way...Facilitating the access of incarcerated defendants to credit which they in turn post as cash bail is not engaging in the writing of bail bonds, and it is not tortuous interference with the business relationships of the Bail Agents and in enjoining GPS from facilitating cash bail. Accordingly, we reverse the trial court’s judgment and permanent injunction."
Dale Conrad, Founder and Chairman of GPS says, "This is great news not only for GPS, but also for the State of Indiana. It has been a long 15 months. In an age when overcrowding of jails is a major issue, being able to use the services of GPS gives many of these agencies an additional tool to combat the problem." Conrad further states, "I have always known that we were not in violation of Indiana statutes and I was confident that this day would come. GPS must now rebuild the relationships this case has cost us over the past 15 months with the Sheriffs and jail personnel with whom we have contracts." Conrad adds, "We plan to immediately resume business in the State."
GPS is an Indianapolis-based company which contracts with over 1,100 agencies nationwide to provide a consumer payment service by credit card with no cost or risk to the government agency. GPS has been the industry leader in the collection of payments for criminal justice related obligations by credit card during all nine years of operations. For more information, you may visit the website, www.govpayexp.com, or call toll free 888-561-7888.
CONTACT:
Debby Conrad
DConrad03@govpayexp.com
317-713-6554
"We love your company. It's going great. I wish we could change our policy to credit cards ONLY!"
- Jeanie Roumell, Municipal Court Clerk, City of Keller, Texas
