Legal Question in Credit and Debt Law in North Carolina

The phone is in your name. You are responsible for the bill as between you and the cell phone company.

When and how did the bill arise? Was there a written agreement? If not, do you have a history of him using the phone and paying the bills.

If you have nothing, then you can sue, but its going to be hard to argue that he should be the responsible party. I don't mean to be rude or nasty, but you were an idiot for allowing him to use your cell phone account.

What I would do, if you have not already done this, is send him a letter via UPS/FedEx or some other way you can prove you sent it and that he got it. I am not a fan of certified mail anymore as people play games by refusing to claim the mail. They are less likely to do that with UPS or FedEx. In the letter recite that the agreement was that he could use the account if he paid the bills. Ask him to pay what he owes and return the phone as you are closing the account (or ask him to if he is only on the account and it has not been done). Get him to agree to payments if he cannot pay it all off and get re-payment terms in writing that he signs. Put a date in there by which you need a response (15 to 30 days, no more).

If he ignores the letter and lives in NC and owes less than $5000, then you sue him in the county where he lives. The court has forms. You need his address. Spend the extra dollars and have the sheriff serve him.

If he lives out of state, you will need to file the small claims action where he resides. You can't sue him in NC in small claims if he does not live here.