Jenny McCarthy, 45, is caught up in a lawsuit brought by a contractor who claims in papers filed in September the actress and radio host’s charity, Generation Rescue, stiffed him on his payment. Now, the plaintiff’s attorney is speaking out to In Touch, revealing although Jenny is not the defendant in the case she could still end up in court.

In the papers filed, Vincent Fiore alleges that a member of Jenny’s nonprofit hired him to build a special-needs clinic in St. Charles, Ill., but he still hasn’t been paid the $511,000 owed to him.

Jenny isn’t listed as a defendant, but she could still end up in court. “I am going to attempt to depose [her],” William Bochte, the attorney for Fiore’s company, JV Construction, explains. “If in that — proceeding I find out she should be named as a party defendant, she’s going to get named.”

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Jenny’s rep says the charity has “no contractual liability for this project.” And in the end, Fiore just wants his money, he tells In Touch: “[This] has placed a huge financial burden on my family.”

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