> If someone can sue you they probably will

Not really. People will normally try to resolve things without going to court unless there is a time sensitive issue that they need emergency relief like a temporary restraining order to secure, or they just want to make a point more than get compensation, because resolution without court is cheaper (meaning they get to keep more of the recovery), quicker, and—where an ongoing relationship is involved—less likely to burn bridges.

People who can sue you, and would have you dead to rights, will often bend over backwards to avoid it as long as possible without losing the option if there is a plausible chance at resolution without going to court.