Jussie Smollett is refusing to pay more than $130,000 to reimburse the City of Chicago’s investigative costs tied in to him being accused of staging a hate crime.

Windy City Mayor Rahm Emanuel’s law chief sent the “Empire” actor a March 28 letter demanding he pay the money within seven days. On Thursday (April 4), the city said it will sue Smollett for the money.

In a statement, the City Law Department said Smollett refused to pay and that they were already drafting a lawsuit in response to a non-payment they would file “in the near future.”

Since all 16 charges were dropped against Jussie Smollett, he’s maintained his innocence. He claims two masked men assaulted him in downtown Chicago on January 29, shouting racial slurs while wrapping a rope around his neck. Those two masked men were brothers named  Abel and Ola Osundairo who claimed Smollett asked them to stage the crime. However, they have not spoken out publicly about the incident since the charges were dropped and their lawyers reportedly quit working them.

The Chicago prosecutor’s office says they dropped the investigation in favor of using their resources to prosecute other alleged crimes.