Imagine a defendant sues a defendant. The plaintiff claims that the defendant signed a promissory note guaranteeing payment in one month.

Imagine a defendant sues a defendant.  The plaintiff claims that the defendant signed a promissory note guaranteeing payment in one month.  One month has passed and the plaintiff claims that the defendant has not paid him the money he is owed.  The plaintiff is suing the defendant for the money he is owed.  The defendant files a rule 12(b)(6) motion.  The motion will be:

A.  Granted because the plaintiff needed to provide evidence proving that the defendant failed to pay on the promissory note.

B.  Denied because we are going to assume that the alleged facts that the defendant failed to pay on the promissory note are true.

C.  Denied because the defendant should want his day in court to prove he is innocent if he paid on the promissory note.

D.  Granted because it’s is substantially likely that the plaintiff merely forgot he had been paid and made a mistake when he filed the lawsuit

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