Here is the thing about getting sued. In this market, the climate has changed, and although the banks CAN sue you, it just does not make any sense for them too. There are so many people out of work, the time and expense of going to court to garnish your wages are not worth it to the bank. Rather, you are better off negotiating some type of settlement with them.
I am in the same boat, but my debt loads are a lot HIGHER. I have my own business, borrowed of unsecured lines of credit, and now I am looking to default on those lines since the banks froze them, and I cant use them.
Now the money I make, I need to keep, since I can not finance any more of projects. I need to come up with cash, and if I give it to them, its as good as gone.
Will they sue me? Maybe, but it would not be in their best interest. Its unsecured debt, so they would not get anything. I have no money. My business has tanked along with every one elses. So they are going to drag me into court, and get what? NOTHING.. I do not have anything.
Guess what... Neither do most people!
So why sue! Where is the money and what is it in it for the banks to sue us poor consumers that do not have anything.