Should I resend a letter certified mail?

What is the name of your state? What is the name of your state? Delaware

I wrote a letter to my former attorney who handled 2 real estate transactions for me that I thought I overpaid him. I detailed my numbers and asked him to respond in 10 business days. He responded that he didn't have time to look at my file and didn't think he owed me the $ and if he did, it should be considered traveling expenses. (I never signed a contract with him nor was given a bill. On the day of my closing, he told me what his fee was and I had to give him a certified check to cover closing costs, his fee, etc.) So I wrote him back telling him I wanted a check within 10 business days or an explanation of the fee or I would take him to small claims court. Since he lives in the same town as I do and never had a problem getting his mail before, I assumed he got the letter. More than 10 days has passed. Now I'm wondering if I should resend it certified with a return receipt before I go to small claims court?

I think you should probably resend it

certified with a return receipt as proof that he got it. Otherwise he can say that he never did.

1) People who are sued in small claims court have the right to move the case to the general civil division, in which case you would need to hire another attorney anyway. I highly doubt the attorney you want to sue would let the suit proceed in small claims. Even if he did, do you really want to take on an attorney by yourself? If so, you could file the claim initially in small claims, and if he wanted to move it to the general civil division, at this point you'd have to hire an attorney. Keep in mind that he might also file a counter-suit.

2) You could send your letter via certified mail if you want to, but what makes you think the attorney is going to sign for it? Did you know that when people refuse certified mail that the courts interpret it as a letter "never received"? If you need to send a second letter, I'd probably send it in a small priority mail envelope with delivery confirmation, which doesn't require a signature, or some other more expensive personal service method.

Thanks for the suggestion

Would I get the proof of delivery from the post office? It's only a matter of about $600 so I don't think it's worth it for me to hire an attorney to get the $. And considering how this guy messed up and the buyer's attorney did some work for me gratis because he felt badly that I had hired a nincompoop, I'm not really afraid to face him in court. I have copies of all of the paperwork regarding costs and they just don't add up to what I gave him in a certified check. (I'm kind of mathmatically challenged so I didn't figure it out until he had sent me the paperwork after the closing)