Have a default judgement for medical bills that may be vacated. Unsure of what happens next...

Ouch. You didn't mention that earlier.

The hospital sued you, had your last known address. Here's what might have happened. The process server went to the door. A male came to the door. "Are you D. Pool?" "Yes." "Here."

Bingo! Proper service.

I know. The whole same name situation didn't even factor into my mind until I started racking my brain, trying to understand how no one in the house told me this or gave me any relevant documents. The middle initial was never used on any of the paperwork.

I actually confirmed with my younger brother that he does remember someone coming to the door asking if [my name] lived there and if he knew me. That explains why the paperwork said "male occupant behind door." However, the paperwork also says that the occupant was 18 or older. My brother just turned 16 on the date of this encounter. My brother said he doesn't remember him asking for his age, but wouldn't have lied if he did. According to NYS, this may be considered bad service: "If the papers are left with a doorman, or a child, or a mentally disabled person, this is bad service."

He never told me because he assumed it was for my father. He didn't tell my father because he was and has been estranged from him.
 
Would it help my case if I had him fill out an affidavit, explaining his recollection of the incident and get it notarized?

Your brother will have to go to court and testify. A piece of paper cannot be questioned by the other side. The opposition will object to it and likely get it ruled inadmissable.
 
Your brother will have to go to court and testify. A piece of paper cannot be questioned by the other side. The opposition will object to it and likely get it ruled inadmissable.

I disagree. Courts virtually never hold evidentiary hearings to decide civil motions. Instead, they are decided based on sworn affidavits/declarations.
 
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