Actress Jenny McCarthy, 45, is caught up in a lawsuit filed by a contractor who claims the radio host’s charity, Generation Rescue, stiffed him on payment. Now, the plaintiff’s attorney is speaking out to In Touch, revealing that although Jenny is not a 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, IL, and that he still hasn’t been paid the $511,000 he’s owed. “I am going to attempt to depose [her],” William Bochte, the attorney for Fiore’s company, JV Construction, explains of the celeb. “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.” In the end, Fiore just wants his money. “[This] has placed a huge financial burden on my family,” he shares.