Hearing Vs. Trial

Dena Standley | November 11, 2022

Edited by Hannah Locklear

The confusion between a hearing and a trial results from popular culture using the terms interchangeably. A trial is a type of hearing, but numerous other court proceedings are labeled hearings, and understanding the key differences is crucial.

In civil cases, there are several hearings from when the plaintiff files a complaint until the verdict. But there is only one trial for each court case. A judge or a jury presides over the trial. In criminal cases, it is the District Attorney who files charges, and the case proceeds to trial unless a plea bargain is reached.

In this article, we will clear the confusion between trial and hearing. Let’s get right to it.

What is a hearing?

A hearing is any court procedure that takes place before a judge.

Hearings start early in the lawsuit to determine whether a case should proceed to trial. Even the meeting to schedule court dates between a judge, the plaintiff (or plaintiff's attorney), and the defendant (or defendant's attorney) is a type of hearing.

Hearings are generally less formal when compared to a trial. Also, the judge or jury does not deliberate on whether the accused is guilty. Hearings only serve to decide on particular aspects of the lawsuit before an actual trial can begin.

In a civil case, such as a debt collection lawsuit, you can have the following hearings:

• Scheduling hearings
• Hearings on motions
• Preliminary hearings, etc.

Here is a summary of what these hearings involve.

Scheduling hearings

Before the trial can begin, the judge must decide on essential dates—for example, the deadline for collecting evidence and the trial date.

To set the best dates for everyone, the court may require that the plaintiff and the defendant (or their representatives) be present at the scheduling. It's best to be present at the scheduling hearing so that you can confirm that you will be available to attend court on set dates.

What happens at a motion hearing?

A motion is any request to the court to perform a specific action. Either party can file one during the lawsuit.

There are numerous motions. You can request the court to rule out a witness, or you might ask that the court rule on a Motion for Summary Judgment without a trial.

Upon receiving the petition, the judge will arrange for both parties to present their views. Such a meeting with the judge is an example of a motion hearing. The judge then grants or denies the motion based on the facts both parties present at the hearing.

Preliminary hearings

The court arranges a mini-trial (preliminary hearing) to decide if the case should proceed to the actual trial. You should attend your debt collection lawsuit preliminary hearing because it allows you to participate in talks with the judge and plaintiff.

Keep in mind that you must send the Answer first.

Sued by a creditor? Create your Answer in minutes.

Let’s look at an example.

What is a trial?

A trial is a “hearing” because it's a court proceeding before a judge. However, it is an intense kind of hearing where the final verdict of the case will be decided.

Both parties present their arguments at a trial, and the court examines the evidence and listens to witnesses' accounts.

At the end of a trial, the court, or jury, decides in favor of or against the defendant. The verdict is final unless one party appeals.

A trial can be:

• Bench trial
• Jury trial

A bench trial is when a judge (or a panel of judges) hears the facts of a case and reads the verdict.

In a jury trial, the judge and jury are present at the deliberations. But the jury gives the verdict. The judge ensures that all parties play by the rules. They also decide which evidence the jury should consider.

Most debt collection lawsuits are bench trials. But either party may request a “trial by jury.” For example, in Alaska, you must send a written request within ten days of the defendant filing the Answer.

Remember that jury selection and trials can take a lot of time. The proceedings are also complicated and may require you to hire a lawyer. That's why most consumers prefer to present their case before a judge.

You can represent yourself in your debt collection lawsuit.

The fundamental difference between hearing vs. trial

A court hearing differs from a trial because hearings do not decide a case, while an actual trial results in a verdict.

There is no cross-examination of witnesses or evidence at a hearing, whereas the presentation of evidence and witness accounts for a significant part of the trial. Additionally, hearings are usually informal and last a short time. On the other hand, trials are typically formal, intense, and lengthy.

All court proceedings are essential. So, don’t ignore any Summons. Let SoloSuit help you avoid a trial by filing your Answer or a Motion to Compel Arbitration to force debt collection cases out of court.

Win your debt collection lawsuit.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court