Suing someone for delinquency usually requires issuing notice, so we're running down the clock right now. Give it a few weeks. As of the beginning of Q4 Twitter still had a billion in cash that is rapidly shrinking.
Musk personally may not have a lot of wealth given that his lifestyle has been funded with loans secured against his Tesla stock, now almost worthless. There's also a lawsuit against his stock based compensation set to begin on 17th Jan, so that will be fun too.