Appellate Practice Attorney serving New York, NY
I do not know whether the particular Magistrate's court would have jurisdiction over this matter, but the appropriate West Virginia court should have jurisdiction. It appears that the defendant has the requisite minimum contacts with West Virginia, having advertised in W.Va., negotiated an agreement with a W.Va. resident, and shipped goods into W.Va. However, if you have a written agreement, you should look at what it says about jurisdiction. Many contracts provide for an agreed jurisdiction if any dispute arises.
Answered on Feb 15th, 2013 at 3:22 PM