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Technically they could, but it's rare. Most creditors won't bother to sue until after the account has been charged off (written off as a bad debt) after 6 months of non-payment. Some creditors will sue right after charge-off, others will go thru numerous collection agencies or just sell off the debt to a junk debt buyer, who might sue you at some point.

In-house collections are notorious for threatening to sue if you're late on payments, but it's unlikely they will do so, it's a scare tactic.

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Q: Can a credit card company sue you after four late payments?
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