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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111526
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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The state of Illinois, Dept of EPA owes me $4000 a Tesla on

Customer Question

The state of Illinois, Dept of EPA owes me $4000 for buying a Tesla on July 1st, 2014. I was supposed to receive a chk in Feb, 2015 but Gov Rauner put the program on suspension. Why does the suspension affect someone who bought the car when the program was alive and well ? Can I sue the State of Illinois ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, this was a voluntary state program and under the state law the state is exempt from suit for this under the state's statutory immunity clause. This means that a state cannot be sued unless they consent to suit and this is something that goes back all the way to common law in England where our laws come from where the government was sovereign. Thus, the state suspension of the program means everyone who filed for payment would not get a payment until the program is reinstated and that is a right of the state with this voluntary program.

Customer: replied 1 year ago.
I need the money just as much as the state says they need it. Can the state say that they don't have to pay me at all, or will they owe it to me ? I was promised this and I expected it. Are you trying to tell me that I cannot ever trust state officials or Depts. of the State of Illinois ever again ? When I bought this car, this rebate and the federal tax credit were an important part of my decision to help clean the air ! I did my part. What can I do to make sure I get what was originally promised to me ? which is a $4000 rebate. What rights do I have as a tax paying citizen of Illinois ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I understand you and several thousand others who bought an electric car that need the money. I am afraid though that the state can stop the plan. As far as trusting state or federal government, really, that is not something one should ever do. Any program the state puts in, they can stop at any time.
You do not have rights to this money until the state reinstates the program. If you do not like what your elected leaders are doing, get everyone you know to vote them out, that is your only right in this type of situation I am afraid, as you cannot sue or force them to pay you on the suspended program.