Bail Bonds Vs Credit Card Companies PDF Print E-mail
In Ace Bail Bonds v. Government Payment Service, Inc., 2008 WL 3983270 (Ind.App. August 29, 2008) the plaintiff bail bond agents obtained a temporary restraining order against the defendant forbidding the defendant from facilitating the posting of bail via credit card transactions.  The plaintiffs provided a $2,500 injunction bond in connection with the TRO, which expired in ten days.  The trial court eventually entered a permanent injunction and the defendant appealed.  On appeal the injunction was set aside.  After remand, the defendants were awarded the bond amount plus $88,564 of attorneys fees, and the plaintiffs appealed.  Indiana Trial Rule 65(C) is an exception to the American Rule and authorizes the award of fees because a TRO or preliminary injunction are granted without a full hearing on the merits and the Rule protects the defendant who is wrongfully enjoined.  In this case, however, the TRO expired after ten days, but the trial court awarded fees for the entire litigation.  The Court held that the defendant was entitled to its damages and fees, but only for the period of the TRO and remanded the case to the trial court to determine that amount.