Can a civil action for compensation of a theft be brought against a person who has not been charged with theft?

A minor (under the age of 10) was apprehended at a retail store with his mother. The minor had an item in his pocket for which there was no payment and the mother did not know. Loss prevention retrieved the item and did not press charges. They did have the mother complete some forms verifying they retrieved the item. Family has received a letter requesting $200.00 for "deprived (retailer) of merchandise without pay." Does the family really have to pay when charges for theft were never filed?