Jeffrey Haskins v. Financial Builders Federal Credit Union
── Jeffrey Haskins v. Financial Builders Federal Credit Union ──
Court: Indiana Court of Appeals
Date: April 20, 2026
Author: Stephen Scheele
Category: General
IN THE
Court of Appeals of Indiana
Jeffrey Haskins, FILED
Appellant-Plaintiff Apr 20 2026, 8:45 am
CLERK
Indiana Supreme Court
Court of Appeals
v. and Tax Court
Financial Builders Federal Credit Union,
Appellee-Defendant
April 20, 2026
Court of Appeals Case No.
25A-PL-1810
Appeal from the Howard Superior Court
The Honorable Ryan D. Washburn, Judge Pro Tempore
Trial Court Cause No.
34D02-2412-PL-4336
Opinion by Judge Scheele
Judges Brown and Felix concur.
Court of Appeals of Indiana | Opinion 25A-PL-1810 | April 20, 2026 Page 1 of 8
Scheele, Judge.
Case Summary
[1] Jeffrey Haskins appeals the trial court’s grant of Financial Builders Federal
Credit Union’s Indiana Trial Rule 12(B)(6) motion to dismiss. Haskins raises
one issue for our review, which we restate as whether the trial court erred in
dismissing his overdraft-fees claim as time-barred under Indiana Code section
34-11-2-9(c). We affirm.
Facts and Procedural History
[2] Haskins was a member of Financial Builders Federal Credit Union (Financial
Builders) where he held a checking account pursuant to a “Membership and
Account Agreement[.]” App. Vol. II p. 142. On December 30, 2024, Haskins
filed a class action complaint against Financial Builders. On March 7, 2025,
Haskins amended his complaint asserting, in relevant part, a breach of contract
claim based on Financial Builders’ assessment of overdraft fees. Specifically,
Haskins challenged overdraft fees charged to his account on three dates—
February 2, 2022, August 8, 2022, and September 1, 2022—alleging they were
assessed while his account held sufficient funds to cover his transactions. Id. at
36.
[3] Financial Builders filed a motion to dismiss pursuant to Indiana Trial Rule
12(B)(6) on March 27, 2025, alleging Haskins’ claim was time-barred under
Indiana Code section 34-11-2-9(c)’s two-year limitations period. On June 26,
Court of Appeals of Indiana | Opinion 25A-PL-1810 | April 20, 2026 Page 2 of 8
the trial court granted Financial Builders’ motion and dismissed Haskins’
claim. 1 Haskins now appeals.
Discussion and Decision
[4] We review a ruling on a Trial Rule 12(B)(6) motion de novo. City of Fishers v.
Netflix, Inc., 264 N.E.3d 69, 77 (Ind. Ct. App. 2025), trans. denied. “A motion to
dismiss under Rule 12(B)(6) tests the legal sufficiency of a complaint: that is,
whether the allegations in the complaint establish any set of circumstances
under which a plaintiff would be entitled to relief.” Id. (quoting Safeco Ins. Co. of
Ind. v. Blue Sky Innovation Grp., Inc., 230 N.E.3d 898, 901 (Ind. 2024), reh’g.
denied). “An order to dismiss is affirmed when it is apparent that the facts
alleged in the challenged pleading are incapable of supporting relief under any
set of circumstances.” Id. (internal quotations and citation omitted). Here, it is
undisputed that Haskins held a checking account with Financial Builders and
the overdraft fees were charged more than two years prior to the d
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